Summary
ordering plaintiff to show cause why action should not be dismissed for lack of subject matter jurisdiction
Summary of this case from Osrecovery, Inc. v. One Groupe Intern., Inc.Opinion
02 Civ. 8993 (LAK).
December 12, 2002
ORDER
Plaintiff is directed to show cause, on or before December 18, 2002, why the temporary restraining order previously entered herein should not be vacated and plaintiff's motion for provisional relief denied on the grounds that plaintiff is not the real party in interest, that plaintiff was not a purchaser or seller of securities within the meaning of Section 10(b) of the Securities and Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, that plaintiff was not injured in its business or property within the meaning of 18 U.S.C. § 1964, and that dismissal of the Exchange Act and civil RICO claims would leave this Court without jurisdiction over the subject matter of this action.