Low v. Equity Programs, Ltd.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiffs, investors in certain limited partnerships organized and managed by the defendants, assert claims for relief based upon section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. 240.10b-5, sections 12(2) and 17(a) of the Securities Act of 1933, 15 U.S.C. §§ 77Z(2), 77q(a), and pendent state law claims for common law fraud, negligence and breach of fiduciary duties. Defendants move for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons that follow,…