United States District Court, S.D. New York
May 3, 2004.
ANTHONY FULKERSON and LARRY SHANKER, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, -against- NASDAQ STOCK MARKET INC. and, ROBERT GREIFELD, Defendants
The opinion of the court was delivered by: CHARLES HAIGHT, District Judge
MEMORANDUM OPINION AND ORDER
The defendants' motion pursuant to Rule 12(b)(6), Fed.R. Civ. P., to
dismiss this purported class action arising out of trading in the shares
of Corinthian Colleges, Inc. is granted, for the reasons stated in the
Court's Memorandum Opinion and Order filed on this date in the companion
case of DL Capital Group LLC v. Nasdaq Stock Market, Inc. and Robert
Greifeld, docket number 03 CV 9730 (CSH). The theories of liability
pleaded by the plaintiffs in these two complaints are identical, as are
the circumstances entitling defendants to absolute immunity from suit.
The Clerk of the Court is directed to dismiss the complaint in the
captioned case with prejudice.
It is SO ORDERED.
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