IN RE CYBERONICS INC. SCURITIES LITIGATION

Civil Action H-05-2121.

468 F.Supp.2d 936 (2006)

In re CYBERONICS INC. SCURITIES LITIGATION.

United States District Court, S.D. Texas, Houston Division.

November 28, 2006.


Attorney(s) appearing for the Case

Arthur L. Shingler, III, Scott & Scott LLC, Mark A. Golovach, Mark L. Knutson, Finkelstein & Krinsk, LLP, Jeffrey R. Krinsk, Attorney at Law, San Diego, CA, David R. Scott, Neil Rothstein, Denise V. Zamore, Scott & Scott, LLP, Colchester, CT, Elizabeth A. Abbott, Scott E. Poynter, Emerson Poynter LLP, Little Rock, AR, John G. Emerson, Emerson Poynter LLP, Houston, TX, Beth A. Kaswan, Scott Scott LLP, New York, NY, for Plaintiffs.

Roger B. Greenberg, Schwartz Junell et. al., Houston, TX, Michael Jameson Pucillo, Berman Devalerio Pease Tabacco Burt & Neill, West Palm Beach, FL, for Intervenor Plaintiff.

N. Scott Fletcher, Jeffrey S. Johnston, Vinson & Elkins LLP, Houston, TX, for Defendants.


MEMORANDUM AND ORDER

MILLER, District Judge.

Pending before the court is Los Angeles County Employees Retirement Association's ("LACERA") Motion to Intervene, to Compel the Cyberonics Investor Group to Publish Notice and to Stay Proceedings. Dkt. .# 66. Having considered the motion, the responses, and the applicable law, the court is of the opinion that the motion should be GRANTED in part, and DENIED in part.

FACTUAL AND PROCEDURAL BACKGROUND<...

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