According to the docket posted, on November 17, 1999, the Court entered the certified copy of the Mandate from the Second Circuit Court of Appeals. The appeal was dismissed. The plaintiffs had previously filed a Notice of Appeal after the Court entered the Memorandum and Order on June 15, 1999, signed by U.S. District Judge Richard Owen, granting the defendants’ motion to dismiss the action. The action was dismissed with costs and disbursement to the defendants.

The Complaint alleges that defendants violated Section 12(a)(1) of the Securities Act of 1933, 15 U.S.C. 771, by the solicitation and sale of unregistered securities of VMN. In addition, a state law claim for negligent misrepresentation is asserted.