Fortenberry v. Foxworth Corp.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before this court is defendants’ motion to dismiss this lawsuit under Fed.R.Civ.P. 12(b)(1) 1 on the basis that this court lacks subject matter jurisdiction over the dispute in issue. The principal dispute here between the parties is whether the defendants are liable to plaintiff under plaintiffs federal cause of action brought under the Securities Exchange Act of 1934, Section 10(b) (hereinafter “§ 10(b)”), codified at 15 U.S.C. § 78j(b) 2 and under Securities Exchange Commission Rule 10b-5; codified at 17 C.F.R. §-240.10b-5 3 (hereinafter…