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PODANY v. ROBERTSON STEPHENS, INC.

Nos. 03 Civ. 3961(GEL), 03 Civ. 4018(GEL).

318 F.Supp.2d 146 (2004)

Roger A. PODANY, for himself and all others similarly situated, Plaintiffs, v. ROBERTSON STEPHENS, INC., and Paul Johnson, Defendants. Anthony V. Finazzo, for himself and all others similarly situated, Plaintiffs, v. Robertson Stephens, Inc., and Paul Johnson, Defendants.

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

February 17, 2004.

Attorney(s) appearing for the Case

Joseph H. Weiss, Jack I. Zwick, Weiss & Yourman, New York, N.Y. (Kevin J. Yourman, Jordan L. Lurie, Leigh A. Parker, Weiss & Yourman, Los Angeles, CA), John Balestriere (for Finazzo plaintiffs only), Marc I. Gross, Pomerantz Haudek Block Grossman & Gross LLP, New York, NY, and Jacqueline Sailer, Gregory B. Linkh, Rabin, Murray & Frank LLP, New York, NY, for Podany and Finazzo plaintiffs, of counsel.

Andrew J. Frackman, Jill G. Fieldstein, Brendan Dowd, O'Melveny & Myers LLP, New York, NY, for defendant Robertson Stephens, Inc.

Eric S. Goldstein, Matthew J. Gaul, Douglas M. Pravda, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for defendant Paul Johnson.

OPINION AND ORDER

LYNCH, District Judge:

The above-captioned cases concern allegations that an equity analyst engaged in a scheme, with the knowledge of his employer broker-dealer, to commit securities fraud by publishing false statements of opinion about certain issuers in reports disseminated by the broker-dealer. The proposed plaintiff classes, composed of purchasers of the issuers' stock, argue that the defendant analyst opined positively about...

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