Securities Litigation: Deutsche Bank Securities, Inc.

Xethanol Corporation v. Deutsche Bank Securities, Inc.
USDC SD New York
Auction Rate-Private

Company background

Litigation background

Complaint

Answer

Motion to dismiss

Ruling

SUMMARY ORDER: As to the first cause of action, plaintiff's claim of violation of 12(a)(1) of the Securities Act of 1933, the motion to dismiss is denied. As to the second and third causes of action, plaintiff's claim of violation 10(b) of the Exchange Act of 1934 and SEC Rule 10b-5, and common law fraud, respectively, the motion is granted. Plaintiff is granted leave to replead in accordance with my rulings by July 22, 2008. Failure to do so will result in dismissal, with prejudice, of those claims. An answer or motions by the defendants must be filed by August 15, 2008. The parties are to appear before me on 9/19/2008 at 09:30 AM for a case management conference. (Signed by Judge Alvin K. Hellerstein on 7/2/08) (tro) (Entered: 07/07/2008)

Schedule

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried by a jury. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Amended Pleadings due by 10/15/2008. Joinder of Parties due by 11/1/2008. Pursuant to Rule 26(a)(2) of the F.R.C.P., experts, if any, are to be designated and experts' reports after the status conf. with the Court. Deposition due by 3/30/2009. Fact Discovery due by 3/30/2009. Next Status Conference set for 4/24/2009 at 09:30 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 9/18/08) (tro) (Entered: 09/22/2008)

Plaintiff

Defendant

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