Summary
applying Rule 8's "plain statement requirement" instead of Rule 9(b)'s heightened pleading requirements to a claim under Chapter 93A (as plead by plaintiffs here at Count I) because that claim was "not based on fraud"
Summary of this case from Cristostomo v. New Balance Athletics, Inc.Opinion
Civil Action No. 12-10166-NMG
03-19-2013
JOHN HALLAL, individually, on behalf of himself and all other minority shareholders similarly situated and in the Right of and for the Benefit of Medical Solutions Management, Inc. Plaintiff, v. VICIS CAPITAL MASTER FUND LTD, VICIS CAPITAL, LLC, CHRISTOPHER D. PHILLIPS, LOWELL FISHER, JR., SHADRON STASTNEY, MDWERKS, INC. HOWARD KATZ, and GREG ROBERTS Defendants., MEDICAL SOLUTIONS MANAGEMENT, INC. Nominal Defendant
REPORT AND RECOMMENDATION ON DEFENDANTS GREG ROBERTS,
SHADRON STASTNEY, VICIS CAPITAL MASTER FUND LTD., VICIS CAPITAL,
LLC, AND CHRISTOPHER PHILLIPS MOTIONS TO DISMISS THE VERIFIED
DERIVATIVE SHAREHOLDER AMENDED COMPLAINT
(Docket Nos. 43, 45, 47)
Boal, M.J.
Plaintiff John Hallal ("Hallal") brings this shareholder derivative suit on behalf of himself and all other minority shareholders similarly situated, and also for the benefit of Medical Solutions Management, Inc. ("MSMI"), against Vicis Capital Master Fund Ltd., Vicis Capital,