According to the docket posted, on March 2, 2004, the Court entered the Order of Dismissal without prejudice. The plaintiffs dismissed their claims voluntarily without prejudice pursuant to FRCP 41(a)(1). On August 10, 2004, the Court entered the Memorandum Decision and Order denying the Application by the Plaintiffs' Counsel for attorneys' fees and enjoinment of the distribution of tender offer proceeds.
The complaint charges Starwood and certain of its subsidiaries and officers with violations of sections 14(a), 14(e) and 20(a) of the Securities Exchange Act of 1934 and state common and statutory law. The complaint alleges that defendants made false and misleading statements in connection with the tender offer and solicitation of proxies for the Transaction. The defendants are also charge with violating their fiduciary and contractual obligations to the Limited Partners.
This suit is filed on behalf of the Limited Partners of Westin Hotels Limited Partnership (the "Partnership") as of November 4, 2003, who are subject to a pending tending offer and proxy solicitation by Starwood and one of its subsidiaries for the sale of the Partnership to that subsidiary (the "Transaction").