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IN RE ODYSSEY HEALTHCARE, INC. SECURITIES

No. 3:04 CV 0844 N.

424 F.Supp.2d 880 (2005)

In re ODYSSEY HEALTHCARE, INC. SECURITIES LITIGATION

United States District Court, N.D. Texas, Dallas Division.

September 29, 2005.

Attorney(s) appearing for the Case

Darren J. Robbins, William S. Lerach, Travis E. Downs, III, Valerie L. McLaughlin, Lerach Coughlin Stoia Geller Rudman & Robbins, San Diego, CA, Joe Kendall, Willie Briscoe, Provost Umphrey Law Firm, Dallas, TX, for Alaska Electrical Pension Fund and Massachusetts Laborers Annuity Fund.

Karen L. Hirschman, Vinson & Elkins, Dallas, TX, Kenneth P. Held, Vinson & Elkins, Houston, TX, for Odyssey Healthcare, Inc, Richard R. Burnham, David C. Gasmire and Douglas B. Cannon.

Theodore Carl Anderson, III, for Ruth W. Irvin, James K. Irvin and Brian S. Weinstein.

ORDER

GODBEY, District Judge.

Before the Court are Defendant Odyssey Healthcare, Inc. ("Odyssey") and Defendants Burnham, Gasmire, and Carmon's (collectively, the "Individual Defendants") Motion to Dismiss filed on February 15, 2005, and Lead Plaintiffs' Motion to Strike, filed on April 12, 2005. Because Lead Plaintiffs' Consolidated Complaint (the "Complaint") fails to state a claim in compliance with the Federal Rule of Civil Procedure 9(b) and...

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