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ROSEN EX REL. EGGHEAD.COM v. BROOKHAVEN CAPITAL

No. 99 CIV. 9397(CSH).

179 F.Supp.2d 330 (2002)

Felice ROSEN, Derivatively on Behalf of EGGHEAD.COM, INC., and Egghead.Com, Inc., Plaintiffs, 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, and Robert Lishman, Defendants.

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

January 9, 2002.

Attorney(s) appearing for the Case

Paul D. Wexler, Bragar Wexler Eagle & Morgenstern, LLP, New York, NY, Ostrager Chong & Flaherty, LLP, New York, NY, for Plaintiff.

Sheldon Eisenberger, New York, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

This suit brought pursuant to § 16(b) of the Securities Exchange Act of 1934 (the "Act"), 15 U.S.C. § 78p(b), recently reassigned from the calendar of Judge Marrero to that of the undersigned and scheduled to begin trial on January 29, 2001, is presently before the Court on six disputed motions in limine: five made by the defendants and one by plaintiff. This Opinion resolves...

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