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- ilnd;;1:02-cv-09345_de44 RegisterActionDate "2004-07-27" @default.
- ilnd;;1:02-cv-09345_de44 RegisterActionDescriptionText "MINUTE ORDER of 7/27/04 by Hon. Joan B. Gottschall: Plaintiffs' motion for leave to file first amended complaint is granted [36-1]. Plaintiffs' amended complaint asserts just one cause of action for fraud against all defendants. Though the court granted defendant 5BC79DB and Man Capital's motions to dismiss the fraud claim (and four other claims that plaintiffs have left out of their amended complaint) in its 3/23/04 order, the court's decision hinged on plaintiffs' failure to satisfy Rule 9(b) standard for pleading fraud with particularity. Plaintiffs have since discovered evidence in a parallel proceeding in California that forms the basis for their revised allegations of fraud. The court sees no prejudice to any defendant in allowing plaintiffs' amended complaint, particularly since plaintiffs allege that all defendants are, in effect, one company, and because the court has yet to rule on MAN's and MAN AG's motion to dismiss. In light of this ruling, the court orders defendants MAN, MAN AG, 5BC79DB, and MAN Capital to answer or otherwise plead to plaintiffs' first amended complaint within 30 days from the date of this order. Accordingly, MAN's and MAN AG's motion to dismiss based on the original complaint is denied as moot [21-1]. Mailed notice (vmj) (Entered: 07/29/2004)" @default.
- ilnd;;1:02-cv-09345_de44 AdministrativeID "41" @default.
- ilnd;;1:02-cv-09345_de44 OntologyLabel order @default.