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ELLIOTT ASSOCIATES, L.P. v. HAYES

No. 00 CIV. 4483(SAS).

141 F.Supp.2d 344 (2000)

ELLIOTT ASSOCIATES, L.P. and Westgate International, L.P., Plaintiffs, v. Dennis C. HAYES, Ronald Howard, S.P. Quek, M.C. Tam, Chiang Lam, P.K. Chan and Barbara Perrier Dreyer, Defendants.

United States District Court, S.D. New York.

December 28, 2000.

Attorney(s) appearing for the Case

David Parker, Edward P. Grosz, Kleinberg, Kaplan, Wolff & Cohen, P.C., New York City, for Plaintiffs.

Joseph G. Finnerty, III, Marilla Ochis, Joshua S. Sohn, Piper Marbury Rudnick & Wolfe LLP, New York City, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

In this securities fraud case, plaintiffs Elliott Associates, L.P. ("Elliott") and Westgate International, L.P. ("Westgate") have sued defendants for the failure of Hayes Corporation ("Hayes") to fully honor plaintiffs' contractual right to convert certain preferred stock into Hayes common stock. Plaintiffs allege that defendants violated section 10(b) of the Securities and Exchange Act of 1934 (the "1934...

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