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CHECHELE v. SCHEETZ

No. 10 Civ. 7992 (RJS).

819 F.Supp.2d 342 (2011)

Donna Ann Gabriele CHECHELE, Plaintiff, v. W. Edward SCHEETZ and Morgan Hotel Group Co., Defendants.

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

August 30, 2011.

Attorney(s) appearing for the Case

James Austen Hunter of Hunter & Kmiec, New York, NY, and Keenan Douglas Kmiec of Hunter & Kmiec, Los Angeles, CA, for Plaintiff.

Howard Jay Kaplan , Joseph Andrew Matteo , and Stanley Samuel Arkin of Arkin Kaplan Rice LLP, New York, NY, for Defendant Scheetz.

Dennis H. Tracey III and Robert Brian Black of Hogan Lovells U.S. LLP, New York, NY, for Nominal Defendant Morgans.

OPINION AND ORDER

RICHARD J. SULLIVAN, District Judge:

Plaintiff Donna Ann Gabriele Chechele brings this suit against Defendant W. Edward Scheetz, the former President and CEO of nominal Defendant Morgans Hotel Group Co. ("Morgans" or the "Company"), seeking to recover short-swing profits pursuant to Section 16(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78p(b). Now before the Court is Defendant Scheetz's motion to dismiss...

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