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SWACK v. CREDIT SUISSE FIRST BOSTON

No. Civ.A. 02-11943-DPW.

383 F.Supp.2d 223 (2004)

Terry SWACK, individually and on behalf of all others similarly situated, Plaintiffs, v. CREDIT SUISSE FIRST BOSTON, Elliott Rogers, and Mark Wolfenberger, Defendants.

United States District Court, D. Massachusetts.

September 21, 2004.

Attorney(s) appearing for the Case

Thomas G. Shapiro, Edward F. Haber, Theodore M. Hess-Mahan, Shapiro Haber & Urmy LLP, Boston, MA, for Plaintiffs.

Sandra S. McQuay, Sullivan, Weinstein & McQuay, P.C., Boston, MA, for Defendants.

Joel B. Strauss, Kaplan, Fox & Kilsheimer LLP, New York, NY, for Movant.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

Plaintiff Terry Swack brings this putative class action against Credit Suisse First Boston, its analyst Mark Wolfenberger, and his manager Elliott Rogers under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Securities Exchange Commission Rule 10b-5.1 Swack alleges that Credit Suisse, through Wolfenberger, issued optimistic research reports concerning...

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