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EHLERT v. SINGER

No. 00-10163.

245 F.3d 1313 (2001)

George EHLERT, as joint tenants on behalf of themselves and all others similarly situated, Georgeanne Ehlert, as joint tenants on behalf of themselves and all others similarly situated, et al., Plaintiffs-Appellants-Cross-Appellees, v. Michael SINGER, John H. Kang, et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 30, 2001.

Attorney(s) appearing for the Case

Curtis V. Trinko, Neal A. DeYoung, New York City, Chris A. Barker, Alpert, Barker & Calcutt, P.A., Tampa, FL, for Plaintiffs-Appellants-Cross-Appellees.

Lawrence D. Silverman, Steven E. Hartz, Christopher S. Carver, Akerman, Senterfitt & Eidson, P.A., Miami, FL, Daniel F. Molony, Shook, Hardy & Bacon, LLP, Michael P. Winter, Malfitano, Campbell & Dickinson, Tampa, FL, M. Robert Thornton, David Onorato, Kara W. Ong, King & Spalding, Atlanta, GA, for Defendants-Appellees-Cross-Appellants.

Before ANDERSON, Chief Judge, and MARCUS and KRAVITCH, Circuit Judges.

ANDERSON, Chief Judge:

This is an appeal from a district court order dismissing Plaintiffs' claims under §§ 11, 12(a)(2), and 15 of the Securities Act of 1933. For the reasons stated below, we affirm the district court's dismissal of the complaint under Fed.R.Civ.P. 12(b)(6) but remand so that the district court can make the Rule 11 findings required under the Private Securities Litigation Reform Act ("PSLRA").

I. BACKGROUND

According to...

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