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RUBKE v. CAPITOL BANCORP LTD.

No. C 05-4800 PJH.

460 F.Supp.2d 1124 (2006)

Ellen RUBKE, as Trustee of the 1986 Rubke Living Trust, and Jack Ferguson, individually and on behalf of all other similarly situated shareholders of Napa Community Bank, Plaintiffs, v. CAPITOL BANCORP LTD., a Michigan corporation, and Joseph D. Reid, Defendants.

United States District Court, N.D. California.

October 27, 2006.

Attorney(s) appearing for the Case

George S. Trevor, Law Offices of George S. Trevor, Corte Madera, CA, James V. Weixel, Jr., Weixel Law Office, San Francisco, CA, John F. Friedemann, Esq., Kyle M. Fisher, Friedemann Goldberg LLP, Santa Rosa, CA, for Plaintiffs.

Andrew D. Lanphere, Bruce A. Ericson, Pillsbury Winthrop Shaw Pittman LLP, Robert Bader, San Francisco, CA, for Defendants.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT

HAMILTON, District Judge.

Defendants Joseph Reid and Capitol Bancorp Ltd.'s ("Capitol")1 motion to dismiss plaintiffs' first amended complaint ("1AC") pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6) came on for hearing before this court on October 11, 2006. Having read the parties' papers and carefully considered their arguments...

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