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ROSS v. WALTON

Civil Action No. 1:07-CV-00402.

668 F.Supp.2d 32 (2009)

Dana ROSS, Individually and on Behalf of Others Similarly Situated, Plaintiff, v. William L. WALTON, Penny F. Roll, Joan M. Sweeney, and Allied Capital Corporation, Defendants.

United States District Court, District of Columbia.

November 4, 2009.

Attorney(s) appearing for the Case

Steven Richard Freeman, Freeman, Wolfe & Greenbaum, P.A., Towson, MD, Steven J. Toll, Cohen Milstein Sellers & Toll, PLLC, Washington, DC, for Plaintiff.

Benjamin H. Neaderland, Thomas F. Connell, Christopher Ronald Lorne Davies, Jonathan Edward Paikin, Ryan Patrick Phair, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

JACK D. SHANSTROM, Senior District Judge.

Introduction

Presently before the Court is Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint. Defendants argue the Complaint ought to be dismissed under Federal Rules of Civil Procedure 12(b)(6) and 9(b) on the following four grounds: (1) Plaintiffs fail to plead particularized facts to show that any defendant misstated or omitted a material fact; (2)...

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