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AMIDA CAPITAL MANAGEMENT II v. CERBERUS CAPITAL MANAGEMENT

No. 08 Civ. 5516(MGC).

669 F.Supp.2d 430 (2009)

AMIDA CAPITAL MANAGEMENT II, LLC, Plaintiff, v. CERBERUS CAPITAL MANAGEMENT, L.P., Ram Holdings, Inc., Ram Acquisition Corp., Ram Holdings Company, LLC, Cerberus Partners L.P., Cerberus Associates, L.L.C., Steven F. Mayer, and Stephen A. Feinberg, Defendants.

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

November 10, 2009.

Attorney(s) appearing for the Case

Coughlin Stoia Geller Rudman & Robbins LLP, by Samuel H Rudman, Esq., David A. Rosenfeld, Esq., Stuart A. Davidson, Esq., Stephen R. Astley, Esq., Melville, NY, for Plaintiff.

Milbank, Tweed, Hadley & McCloy, LLP, by Michael L Hirschfeld, Esq., Robert C. Hora, Esq., Jennie Woltz, Esq., New York, NY, for Defendants.

OPINION

CEDARBAUM, District Judge.

Amida Capital Management II, LLC ("Amida") sues under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and under New York law, for fraud in connection with Amida's purchase of stock of United Rentals, Inc. during Cerberus's aborted buy-out of United Rentals in 2007.

I dismissed the original Complaint at oral argument on October 30, 2008, and granted Amida leave to replead. Defendants now move...

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