Schwartz v. NOVO INDUSTRI A/S

EDWARD WEINFELD, District Judge.

After plaintiff’s original complaint was dismissed for failure to comply with Fed.R. Civ.P. 9(b), 1 he served an Amended and Supplemental Complaint, which defendant now moves to dismiss. The motion is made pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted and Fed.R.Civ.P. 9(b) for failure to state with particularity the circumstances comprising the alleged fraud. Alternatively, defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56.

FACTUAL BACKGROUND

Plaintiff purchased 60 American Depository shares (“ADS”)…