RESCUE MISSION OF EL PASO, INC. v. K-SEA TRANSPORTATION PARTNERS L.P.

Civ. No. 12-cv-00509 (WHW).

RESCUE MISSION OF EL PASO, INC. individually, and on behalf of all others similarly situated, Plaintiffs, v. K-SEA TRANSPORTATION PARTNERS L.P. et al., Defendants.

United States District Court, D. New Jersey.

June 14, 2013.


Attorney(s) appearing for the Case

RESCUE MISSION OF EL PASO, INC., Plaintiff, represented by GUSTAVO FABIAN BRUCKNER, POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP, JAMES E. CECCHI, CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & LINDSEY H. TAYLOR, CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO.

K-SEA TRANSPORTATION PARTNERS L.P., Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

K-SEA GENERAL PARTNER GP LLC, Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

KIRBY CORPORATION, Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

TIMOTHY J. CASEY, Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

THOMAS M. SULLIVAN, Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

TERRENCE P. GILL, Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

RICHARD P. FALCINELLI, Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.

JAMES J. DOWLING, Defendant, represented by B. JOHN PENDLETON, JR., DLA PIPER LLP.

ANTHONY S. ABBATE, Defendant, represented by B. JOHN PENDLETON, JR., DLA PIPER LLP.

BARRY J. ALPERIN, Defendant, represented by B. JOHN PENDLETON, JR., DLA PIPER LLP.

BRIAN P. FRIEDMAN, Defendant, represented by B. JOHN PENDLETON, JR., DLA PIPER LLP.

FRANK SALERNO, Defendant, represented by B. JOHN PENDLETON, JR., DLA PIPER LLP.

K-SEA GENERAL PARTNER L.P., Defendant, represented by FELICE BETH GALANT, FULBRIGHT & JAWORSKI LLP.


OPINION

WILLIAM H. WALLS, Senior District Judge.

Plaintiffs Rescue Mission of El Paso, Inc., Blake Barrow, and George Boutro are purchasers of K-Sea Transportation Partners L.P.'s publicly traded securities between May 1, 2009 through January 27, 2010 ("Class Period"). Am. Compl. ¶ 1. They bring a class action which alleges violations of Sections 10(b) of the Securities Exchange Act of 1934 ("the Securities Exchange Act"), 15 U.S.C. § 78j(b), Rule...

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