WENGER v. LUMISYS, INC.

No. C-97-20609 RMW.

2 F.Supp.2d 1231 (1998)

Gary WENGER, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. LUMISYS, INC., Stephen J. Weiss, Craig Klosterman, John M. Burgess, Linden J. Livoni, Eystein G. Thordarson, Douglas G. DeVivo, Jesse I. Treu, Helios Partners Limited Partnership, Bala S. Manian, Hambrecht & Quist LLC, UBS Securities, Inc. and Volpe Welty & Co., Defendants.

United States District Court, N.D. California.

March 31, 1998.


Attorney(s) appearing for the Case

Alan Schulman, Milberg, Weiss, Bershad, Hynes, Lerach, LLP, San Diego, CA, Jeffrey W. Lawrence, Santa Clara, CA, Richard S. Schiffrin, Schiffrin, Craig, Barroway, LLP, Bala Cynwyd, PA, John K. Gant, for plaintiff.

Stephen Neal, David Lisi, Vincent Colianni, Edwin White, Cooley Godward LLP, Palo Alto, CA, for defendants.

Tower Snow, Paul Bessette, Amy Meldrum, Amy McNamer, Brobeck, Phleger & Harrison, San Francisco, CA, for underwriter defendants.


ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS WITH LEAVE TO AMEND AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO STRIKE

WHYTE, District Judge.

Before the court are two motions to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b), and the Private Securities Litigation Reform Act of 1995 ("Reform Act"). One motion was brought on behalf of defendants Lumisys, Inc. ("Lumisys" or "Company"), Stephen J. Weiss, Craig Klosterman...

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