Opinion
Case No. 2:03cv00379 DS
December 30, 2003
Alan L. Sullivan, Matthew L. Lalli, Brett P. Johnson, Snell Wilmer L.L.P., Salt Lake City, UT, for Defendants Ronald W. Daw, Robert G. Chamberlain, Robert J. Frankenberg, James S. Jardine, and Virginia Gore-Giovale
Thomas R, Karrenberg, Esq., ANDERSON KARRENBHRG, for Plaintiffs
Brent O. Hatch, HATCH, JAMES DODGE, for Defendant Grant Thomton LLP
ORDER OF DISMISSAL
On December 16, 2003, the Motion to Dismiss of defendants Ronald W. Daw, Ellen Bates, Robert G. Chamberlain, Robert J. Frankenberg, James S. Jardine, and Virginia Gore-Giovale (hereinafter the "Director Defendants") came for hearing before the Court, with the Honorable David Sam, Senior United States Court District Judge, presiding. Plaintiffs were represented by Thomas R. Karrenberg and Stephen P. Horvat. The Director Defendants were represented by Alan L. Sullivan. Defendant Grant Thornton LLP was represented by Brent O. Hatch. At the close of the hearing, the Court granted Director Defendants' Motion to Dismiss and further granted Defendant Grant Thornton LLP's Motion to Dismiss, dated June 9, 2003, the Court having reconsidered its decision issued on September 2, 2003.
Accordingly, for the reasons set forth in the respective Motions to Dismiss and memoranda of the Director Defendants and Defendant Grant Thornton LLP, including all of those reasons specifically recited by the Court in its ruling from the bench on December 16, 2003, the Court hereby orders, adjudges and decrees as follows:
1. The Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action in Plaintiffs' Amended Complaint against the Director Defendants are hereby dismissed without prejudice.
2. The Third Cause of Action in the Amended Complaint against Defendant Grant Thornton LLP is hereby dismissed without prejudice.
3. Plaintiffs are hereby granted leave to amend their Amended Complaint within thirty days of this order.