This action was brought on February 2, 1999 by eleven investors (collectively, "Plaintiffs') against more than fifty individual and corporate defendants (collectively, "Defendants') arising out of the activities of A.R. Baron & Co. ('Baron'), a New York securities broker- dealer. The complaint alleges claims for federal securities fraud, violations of the Racketeer Influenced and Corrupt Organizations Act ('RICO'), aiding and abetting breach of state-law fiduciary duties, and common-law fraud.
On August 6, 1999, the defendants filed several motions to dismiss the Complaint. On August 17, 2000, the motions to dismiss were denied without prejudice. In November 2001, the defendants again filed several motions to dismiss the Complaint. On April 6, 2004, the Court issued the Memorandum Opinion and Order granting in part and denying in part seven motions to dismiss the complaint. The plaintiff filed a motion for reconsideration and on August 10, 2004, Memorandum and Opinion # 90460 granting in part and denying in part the plaintiff’s motion for reconsideration. On September 24, 2004, the plaintiff filed an Amended Complaint and again filed another Amended Complaint on April 7, 2005. On August 2005, the defendants filed several motions to dismiss the Amended Complaint. On November 3, 2005 and December 27, 2006, the parties agreed to dismiss the action again certain defendants.
According to Opinion and Order signed by Judge Paul A. Crotty, dated September 23, 2008, the motions to dismiss the claims are granted for all defendants except for the Apollo Defendants. The motion to dismiss the claims against the Apollo Defendants is denied.
On September 30, 2009, Judge Paul A. Crotty signed an Order of Dismissal. According to the Order, the above entitled action has been on the Court's active docket since February 2, 1999, and there having been no activity since October 24, 2008, it is, ordered, that the above-entitled action is dismissed. The Clerk of Court is directed to close this case.
On October 20, 2009, the plaintiffs filed a Notice of Appeal from the Order of Dismissal. The appeal is currently pending in the Second Circuit Court of Appeals.