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IN RE MUTUAL FUNDS INV. LITIGATION

MDL No. 04-MD-15863. Civil Nos. JFM-04-497, JFM-04-560.

608 F.Supp.2d 670 (2009)

In re MUTUAL FUNDS INVESTMENT LITIGATION. In re Janus and Putnam Subtracks. Marini et al. v. Janus Investment Fund et al. Saunders et al. v. Putnam American Government Income Fund et al.

United States District Court, D. Maryland.

April 14, 2009.

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

In the opinion I issued on December 30, 2008, I ruled that I would not permit plaintiffs to amend their amended and second amended complaints to assert the claim that "even assuming the mutual fund defendants acted in good faith in attempting to control market timing, defendants are liable under Rule 10b-5 because they knowingly failed to disclose a material fact: the existence of uncontrollable market timing...

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