Opinion
21-cv-12193
06-09-2023
UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ROBERT SAMUEL SHUMAKE, JR., et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ROBERT SAMUEL SHUMAKE, JR.'S MOTION TO DISMISS THE COMPLAINT FOR FAILURE TO STATE A CLAIM (ECF NO. 14) AND GRANTING PLAINTIFF LEAVE TO FILE A FIRST AMENDED COMPLAINT
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On June 9, 2023, the Court held a hearing over video conferencing to hear argument on Defendant Robert Samuel Shumake, Jr.'s Motion to Dismiss the Complaint for Failure to State a Claim (ECF No. 14). For the reasons explained on the record during that hearing, Defendant Shumake, Jr.'s motion (ECF No. 14) is GRANTED IN PART and DENIED IN PART as follows:
• The motion is GRANTED to the extent that it seeks dismissal of Plaintiff's claims against Shumake under Securities and Exchange Commission (SEC) Rule 10b-5(b), 17 CFR § 240.10b-5(b).
• The motion is DENIED in all other respects.Moreover, as further explained on the record, the Court GRANTS Plaintiff leave to file a First Amended Complaint by no later than June 30, 2023. If Plaintiff decides not to file a First Amended Complaint, it shall file a notice on the docket by no later than June 30, 2023 informing the Court that it will not be amending its complaint.
IT IS SO ORDERED.