ROSEN v. BROOKHAVEN CAPITAL MANAGEMENT CO., LTD.

No. 99 Civ. 9397 VM.

113 F.Supp.2d 615 (2000)

Felice ROSEN, Derivatively on Behalf of Egghead.Com, Inc., Plaintiff, v. BROOKHAVEN CAPITAL MANAGEMENT CO., LTD., Focused Capital Partners, L.P., Watershed Partners, L.P., Cadence Fund, L.P., Brookhaven Capital Management, LLC, Piton Partners, L.P., Skye Investment Advisors, LLC, Skye Investments, Inc., Vincent Carrino, Daniel Coleman, Paul McEntire, Robert Lishman, and Egghead.Com, Inc., Defendants.

United States District Court, S.D. New York.

September 29, 2000.


Attorney(s) appearing for the Case

Paul D. Wexler, Bragar, Wexler, Eagel & Morgenstern, L.L.P., New York City, for Felice Rosen, Derivatively on Behalf of Egghead.Com, Inc., plaintiff.

David M. Macfarlan, Harsham, PA, for Cadence Fund, L.P., defendants.


DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Felice Rosen ("Rosen") brings this action under Section 16(b) of the Securities Exchange Act of 1934 (the "Act") for disgorgement of short-swing profits allegedly obtained by defendants acting as a group in violation of that section of the Act. Before the Court is defendants' motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief...

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