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THOMPSON v. RELATIONSERVE MEDIA, INC.

Nos. 07-13225, 07-13477.

610 F.3d 628 (2010)

Richard F. THOMPSON, Plaintiff, L. Alan Jacoby, Plaintiff-Appellant Cross-Appellee, v. RELATIONSERVE MEDIA, INC., a.k.a. Sendtec, Inc., Defendant-Appellee, Danielle Karp, Defendant-Appellee Cross-Appellant, Mandee Heller Adler, Warren "Pete" Musser, Scott Young, et al., Defendants-Appellees. Richard F. Thompson, Plaintiff, L. Alan Jacoby, Plaintiff-Appellant Cross-Appellee, v. RelationServe Media, Inc., a.k.a. Sendtec, Inc., Defendant-Appellee, Danielle Karp, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 30, 2010.

Attorney(s) appearing for the Case

Garbriel Hawkins, Cohen & Malad, LLP, Indianapolis, IN, Keith A. Goldbaum, Friedman, Rosenwasser & Goldbaum, P.A., Boca Raton, FL, for Plaintiff-Appellants.

Jason Nelson Zakia, Charles C. Kline, Nicole H. Sulsky, White & Case, LLP, Miami, FL, Jennifer J. Kramer, Boca Raton, FL., Diea D. Kroulik, McClosky, D'Anna & Dieterle, LLP, Boca Raton, FL, for Defendants-Appellees.

Before TJOFLAT and BLACK, Circuit Judges, and EVANS, District Judge.

BLACK, Circuit Judge:

This case comes to us as an appeal from the dismissal of appellant L. Alan Jacoby's putative class action lawsuit. In his Second Amended Complaint, Jacoby alleged RelationServe Media, Inc.1 and eleven of its directors and employees2 violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by failing to disclose, before the company went public, that $2,000,000 in stock had...

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