OPINION & ORDER
SCHEINDLIN, District Judge.
Plaintiffs have brought suit alleging violations of Section 10(b) of the Securities Exchange Act of 1934 ("1934 Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, common law fraud, and breach of fiduciary duty. Defendants have moved to dismiss on the following grounds: (1) that the complaint fails to plead scienter adequately; (2) that the complaint fails...
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