Sgalambo v. McKenzie et al, No. 1:2009cv10087 - Document 47 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER, that for the reasons discussed in this Order, The Officers' motion is granted in part and denied in part. Any claims on behalf of potential class members who purchased Canadian Superior shares on a foreign exchange are dismiss ed with prejudice. All claims against Bilton and Snethun are dismissed without prejudice and with leave to amend. Finally, all claims derived from misstatements of Canadian Superior's liability under the JOA or relating to the failure to disclos e accounting failures in breach of the JOA are dismissed without prejudice and with leave to amend. Any amended complaint must be filed within thirty (30) days of the date of this Order. The Clerk of the Court is directed to close this motion (Docket No. 41). A conference is scheduled for Tuesday, August 24, 2010 at 4:30 p.m. (Signed by Judge Shira A. Scheindlin on 8/6/10) (pl) Modified on 8/6/2010 (pl).