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SCHAFFER EX REL. LASERSIGHT INC. v. CC INVESTMENTS

No. 99 CIV. 2821(VM).

115 F.Supp.2d 440 (2000)

Barbara SCHAFFER, Derivatively on behalf of Lasersight Incorporated, Plaintiff, v. CC INVESTMENTS, LDC, Castle Creek Partners, LLC, Societe Generale, Shepherd Investments International, Ltd., Stark International, Brian J. Stark, Michael A. Roth, and Lasersight Incorporated, Defendants.

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

September 29, 2000.

Attorney(s) appearing for the Case

Glenn F. Ostrager, Joshua Seth Broitman, Ostrager, Chong, Flaherty & Onofrio, P.C., New York, NY, Paul D. Wexler, Bragar, Wexler, Eagel & Morgenstern, L.L.P., New York, NY, for Barbara Schaffer.

Scott A. Edelman, Milbakn, Tweed, Hadley & McCloy LLP, New York, NY, for CC Investments, LDC, Castle Creek Partners, LLC.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Barbara Schaffer ("Schaffer") brings this action under Section 16(b) of the Securities Exchange Act of 1934 (the "Act") for disgorgement of short-swing profits allegedly obtained by defendants acting as a group in violation of that section of the Act. Three motions for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) are presently before the Court.

Defendants CC Investments...

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