Opinion
No. 03 Civ. 6595 (VM).
October 3, 2006
DECISION AND ORDER
Defendants Alcatel, Serge Tchuruk and Jean-Pierre Halbron ("Defendants") filed a motion to dismiss the claims set forth against them in the Second Consolidated Amended Complaint ("SAC") filed by lead plaintiffs, the State Universities Retirement System of Illinois, the San Diego City Employees' Retirement System, the Louisiana State Employees' Retirement System, the West Virginia Investment Management Board, and the International Brotherhood of Electrical Workers, Local 269 (collectively, "Plaintiffs"), in this case. Defendants argue that there are no new factual allegations with regard to these claims, and that in fact the claims were already dismissed by this Court without leave to replead, as the same pleadings were found insufficient in the three opinions the Court issued in this case on December 22, 2005. See In re Alstom SA Sec. Litig., 406 F. Supp. 2d 346 (S.D.N.Y. 2005); In re Alstom SA Sec. Litig., 406 F. Supp. 2d 402 (S.D.N.Y. 2005); In re Alstom SA Sec. Litig., 406 F. Supp. 2d 433 (S.D.N.Y. 2005). In its most recent ruling with regard to the SAC, a Decision and Order issued on September 29, 2006, the Court ordered Plaintiffs to strike portions of the SAC relating to previously dismissed claims and parties, effectively dismissing these claims again. For the reasons stated above, it is hereby
ORDERED that the motion of defendants Alcatel, Serge Tchuruk and Jean-Pierre Halbron [Doc. 161 and Doc. 162] to dismiss claims asserted as to them in the Second Consolidated Amended Complaint filed by Plaintiffs herein is GRANTED.
SO ORDERED.