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16-141 - Schott v. Nobilis Health Corp. et al


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16-141 - Schott v. Nobilis Health Corp. et al
April 6, 2016
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ORDER entered GRANTING in PART and DENYING in PART 16 MOTION for Extension of Time to Respond to Motion to Dismiss ( Responses due by 5/16/2016.)(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
September 29, 2016
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MEMORANDUM AND OPINION entered: The defendants' motion to dismiss, (Docket Entry No. 24), is granted. The dismissal is without prejudice and with leave to amend no later than October 24, 2016. The amended pleading must state with particularity the material misrepresentations made by the individual defendants (no group pleading), and a basis for scienter beyond the signatures of the SOX certifications.In their motion to dismiss, the defendants request sanctions. (Docket Entry No. 14 at 1516). They argue that this is plaintiff counsels third complaint. But it is the first complaint that the court has been asked to consider. The dismissal is without prejudice and with leave to amend; the request for sanctions is denied as moot.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)