Opinion
No. C-02-04497 RMW, [Re Docket No. 70]
October 03, 2003
Luke O Brooks, Patrick J. Coughlin, Lionel Z. Glancy, Michael M. Goldberg, John K. Grant, Robert A. Jigarjian, William S. Lerach, Kevin Ruf, David R. Scott, for Plaintiffs
Meredith N. Landy, for Defendants
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT
Currently before the court is a motion by defendants ESS Technology, Inc., Robert L. Blair, Patrick Ang, Frederick S. L. Chan, and James Boyd to dismiss lead plaintiff Steve Bardack's first amended complaint. The court has considered the papers filed by the parties and oral argument was heard on October 3, 2003. For the reasons discussed at the hearing, defendants' motion to dismiss is granted. Plaintiffs are given 30 days from the date of this hearing to amend their complaint.
ORDER
For the foregoing reasons, IT IS HEREBY ORDERED as Mows:
1. Defendants' motion to dismiss Counts I-III of the First Amended Complaint is GRANTED;
2. Plaintiffs motion for leave to file an amended complaint is GRANTED; the amended complaint will be filed no later than October 31, 2003.