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HUNT v. ENZO BIOCHEM, INC.

Nos. 06 Civ. 170(SAS), 06 Civ. 213(SAS), 06 Civ. 6347(SAS).

530 F.Supp.2d 580 (2008)

Francis Scott HUNT and Shundra Cheri Hunt, individually and as Trustee for Ian Christopher Hunt, Lawrence A. McMahon and Judith J. McMahon, Paul D. Cavanagh individually and as Trustee for the Paul D. Cavanagh Trust, and Virginia Pope, Plaintiffs, v. ENZO BIOCHEM, INC., Heiman Gross, Barry Weiner, Elazar Rabbani, Sharim Rabbani, John Delucca, Dean Engelhardt, and John Does 1-50, Defendants. Ken Roberts, Plaintiff, v. Enzo Biochem, Inc., Heiman Gross, Barry Weiner, Elazar Rabbani, Sharim Rabbani, John Delucca, Dean Engelhardt, and John Does 1-50, Defendants. Paul Lewicki, Plaintiff, v. Enzo Biochem, Inc., Heiman Gross, Barry Weiner, Elazar Rabbani, Sharim Rabbani, John Delucca, Dean Engelhardt, and John Does 1-50, Defendants,

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

January 9, 2008.

Attorney(s) appearing for the Case

Dan Brecher, Esq., Kimberly D. Reilly, Esq., Law Offices of Dan Brecher, New York City, for Plaintiffs.

Donald H. Chase, Esq., Morrison Cohen, LLP, New York City, for the Enzo Defendants.

Angelo Anthony Stio, III, Esq., Pepper Hamilton LLP, Princeton, NJ, for Defendant Heiman Gross.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Enzo Biochem, Inc. ("Enzo" or the "Company"), a public company incorporated in 1970, has been engaged in the research and development of treatments to fight the human immunodeficiency virus ("HIV") and other disease. Plaintiffs are individuals who invested in Enzo securities. Defendants include the Company, several officers and directors, and an outside consultant...

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