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Case Status:    DISMISSED  
—On or around 04/28/2014 (Court's order of dismissal)
Current/Last Presiding Judge:  
Hon. Dean Whipple

Filing Date: May 26, 2011

Boutique Hotel Development Company, LLC is a holding company for Hilton Promenade at Branson Landing, a hotel in Missouri.

According to the Complaint, this involves a scheme among the Defendants by which Plaintiffs were illegally and fraudulently induced into purchasing the air rights to condominium-hotel room units as investment securities (the “Securities”) as the Branson Landing Hilton Promenade Boutique Hotel in 2005, 2006, 2007 & 2008.

The Defendants’ marketing of the Securities omitted material facts and represented that the Securities would generate a substantial amount of revenue to each purchaser. Defendants, through their sales teams, gave sales presentations to potential purchasers which heightened purchasers' expectations of a substantial economic benefit of the net rental income to be made from the Securities branded as the Hilton Promenade Boutique Hotel through the Hilton Rental Program.

On July 15, 2011, the Plaintiff filed an amended Complaint, alleging the same securities violations as in the initial Complaint.

On February 27, 2012, the Court issued an order granting in part and denying in part the Defendants' motion to dismiss. Counts I-V, XI, XII and XIII were dismissed in their entirety. Counts VI through X are subject to dismissal, but the Court will allow Plaintiffs 20 days from the date of this order to amend their amended Complaint.

On March 19, 2012, Plaintiffs filed a second amended Complaint.

On January 28, 2014, the Court granted a motion to dismiss with prejudice certain Plaintiffs from this case.

On April 28, 2014, the Court issued an order dismissing Plaintiffs' claims with prejudice pursuant to their voluntary dismissal. This case is closed.

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