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NYSA SERIES TRUST v. ESPSCO SYRACUSE, LLC

No. 5:14-CV-1089.

NYSA SERIES TRUST; LEW RUMSMOKE; LEAH GABELMAN, Trustee; GABELMAN TRUST; GERALD E. FUESS; RICHARD MARTIN; RICHARD B. ABBOTT; TERI MARTIN; CHRISTOPHER MORRIS; JACOB HULLER; SUSAN SCHWEITZER, Trustee; SCHWEITZER LIVING TRUST; EDWIN L. OLMSTEAD; ALTON PROSSER; MICHAEL CUDDY; MICHAEL PFOHL; ELIZABETH PFOHL; ANDREW MERRITT; BRIAN LETCHER; WILLIAM PATTERSON, Trustee; PATTERSON WAREHOUSE EMPLOYEE; and PROFIT SHARING PLAN, Plaintiffs, v. ESPSCO SYRACUSE, LLC; PATRICK DESSEIN; BRETT GREENKY, M.D.; SETH GREENKY, M.D.; GLENN AXELROD, M.D.; RICHARD ESPOSITO; and JOHN SACCO, M.D., Defendants.

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

February 3, 2015.

Attorney(s) appearing for the Case

JAY SHAPIRO, ESQ. , BRIAN M. OUBRE, ESQ. , ZAREEF J. AHMED, ESQ. , WHITE AND WILLIAMS LLP, New York, NY, Attorneys for Plaintiffs.

PATRICIA C. FOSTER, ESQ. , LAW OFFICES OF PATRICIA C. FOSTER, PLLC, Pittsford, NY, Attorneys for Plaintiffs.

PATRICK DESSEIN, pro se Syracuse, NY.

DANIEL B. BERMAN, ESQ. , NINA I. BROWN, ESQ. , HANCOCK ESTABROOK, LLP, Syracuse, NY, Attorneys for Defendants Greenky, Greenky, Axelrod, and Esposito.

J. MATTHEW VAN RYN, ESQ. , MELVIN & MELVIN, PLLC, Syracuse, NY, Attorneys for Defendant Sacco.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Each of the twenty-two named plaintiffs purchased debt securities offered for sale (the "Notes") by defendant ESPSCO Syracuse, LLC ("ESPSCO"), a limited liability company formed in Delaware and based in Syracuse, New York. On September 3, 2014, plaintiffs filed this action generally alleging that ESPSCO's owners...

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