Zicklin v. Breuer

OPINION AND ORDER

OWEN, District Judge.

Defendant Bankers Trust Corporation (“Bankers Trust”) moved to dismiss plaintiff’s Rule 10b-5 claims pursuant to Rules 9(b) and 12(b)(6), and for summary judgment and statutory costs as to plaintiff’s Section 11 claims pursuant to Rule 56(b). For the reasons set forth below, I dismiss plaintiff’s Rule 10b-5 claim against Bankers Trust, grant Bankers Trust’s motion for summary judgment on plaintiff’s Section 11 claim, and deny Bankers Trust’s motion for costs.

Plaintiff, together with the plaintiffs in five other related cases, moved to consolidate their…