California Public Employees' Retirement System v. New York Stock Exchange, Inc.

SOTOMAYOR, Circuit Judge:

Lead plaintiffs-appellants California Public Employees’ Retirement System (“CalPERS”) and Empire Programs, Inc. (“Empire”) (collectively “Lead Plaintiffs”) *91appeal from a judgment of the United States District Court for the Southern District of New York (Sweet, J.), In re NYSE Specialists Secs. Litig., 405 F.Supp.2d 281 (S.D.N.Y.2005) (“In re NYSE Specialists” ), granting defendant-appellee New York Stock Exchange, Inc.’s (the “NYSE” or the “Exchange”) motion to dismiss Lead Plaintiffs’ claims that the NYSE failed to regulate and provide a fair and orderly market and…