BELIZAN v. HERSHON

No. 04-7187.

434 F.3d 579 (2006)

Monica BELIZAN, and all others similarly situated, and William Prather, Dr., as Trustee for the Avon Medical Group PC Employees Profit Sharing Plan & Trust, and as Trustee for the Judith Ann Prather Revocable Trust, Appellants v. Simon HERSHON, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2006.


Attorney(s) appearing for the Case

Donald J. Enright argued the cause for appellants. With him on the briefs were Burton H. Finkelstein and Tracy D. Rezvani. Adam T. Savett and Steven J. Toll entered appearances.

Michael L. Martinez argued the cause and filed the brief for appellee Radin Glass & Co., LLP.

Jeff G. Hammel argued the cause for appellee CIBC World Markets Corporation. With him on the brief were David M. Brodsky, Donna C. Goggin, and DeMaurice F. Smith.

Before: GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

Monica Belizan appeals an order of the district court because it dismissed "with prejudice" her claims under the Securities Act of 1933 and the Securities Exchange Act of 1934 against Radin Glass & Co. and CIBC World Markets Corp. She also contends the district court erred in determining she failed to move for leave to amend her complaint.

Because Belizan's oral request...

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