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KOGAN v. ROBINSON

No. 05 CV 1924 DMS(RBB).

432 F.Supp.2d 1075 (2006)

Michael KOGAN, Derivatively on Behalf of Ligand Pharmaceuticals Incorporated, Plaintiff, v. David E. ROBINSON, Paul V. Maier, James L. L'Italien, William A. Pettit, Alexander D. Cross, Irving S. Johnson, Michael A. Rocca, Henry F. Blissenbach, John Groom, John W. Kozarich and Carl C. Peck, Defendants, and Ligand Pharmaceuticals Incorporated, a Delaware corporation, Nominal Defendant.

United States District Court, S.D. California.

May 24, 2006.

Attorney(s) appearing for the Case

Travis E. Downs, III, Lerach Coughlin Stoia Geller Rudman and Robbins, San Diego, CA, for Plaintiff.

Christopher Harold McGrath, Paul Hastings Janofsky and Walker, San Diego, CA, for Defendants and Nominal Defendant.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

SABRAW, District Judge.

Defendants move to dismiss this action on grounds that Plaintiff may not pursue a private right of action under Section 304 of the Sarbanes-Oxley Act of 2002. Because Section 304 neither expressly nor implicitly confers a private right of action, the Court grants Defendants' motion to dismiss, declines to exercise supplemental jurisdiction over Plaintiffs state law claim, and dismisses...

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