OPINION AND ORDER
KEVIN THOMAS DUFFY, District Judge.
Plaintiff has brought this action under § 10 and § 27 of the Securities Exchange Act of 1934 (the "Act"), 15 U.S.C. § 78j and Rule 10b-5 promulgated thereunder. The defendant now moves for summary judgment dismissing the complaint on the grounds that this Court lacks subject matter jurisdiction and that the action is barred by the doctrines of res judicata and collateral estoppel.
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