City of Pontiac General Employee's Retirement System v. Stryker Corporation et al, No. 1:2010cv00376 - Document 37 (S.D.N.Y. 2010)
Court Description: OPINION re: 9 NOTICE OF MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF MICHIGAN filed by Dean H. Bergy, Stephen P. Macmillan, Stryker Corporation. Based on the facts and conclusions set further set forth in this Opinion, the motion to transfer this action, and any subsequently filed related action, to the United States District Court for the Western District of Michigan at Kalamazoo is granted. It is so ordered. (Signed by Judge Robert W. Sweet on 5/20/2010) (tve)
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UNITED STATES D I S T R I C T COURT SOUTHERN D I S T R I C T O F NEW YORK C I T Y OF PONTIAC GENERAL EMPLOYEES' RETIREMENT SYSTEM, On B e h a l f of I t s e l f and A l l O t h e r s S i m i l a r l y S i t u a t e d , 1 0 Civ. Plaintiff, -againstSTRYKER CORPORATION, STEPHEN P . MACMILLAN and DEAN H. BERGY, Defendants. ..................................... A P P E A R A N C E S : Attorneys for P l a i n t i f f COUGHLIN S T O I A GELLER RUDMAN h ROBBINS, LLP 58 S o u t h S e r v i c e R o a d , S u i t e 2 0 0 M e l v i l l e , NY 1 1 7 4 7 By: S a m u e l H. R u d m a n , E s q . D a v i d A. R o s e n f e l d , E s q . A t t o r n e y s for D e f e n d a n t s WILSON S O N S I N I GOODRICH & ROSATI 1 3 0 1 A v e n u e of t h e A m e r i c a s , 4 0 t h F 1 New Y o r k , N Y 1 0 0 1 9 By: G i d e o n A. S c h o r , E s q . ~ 376 Sweet, D.J. Pursuant to 28 U.S.C. 5 1404 (a), Defc 3ants Stryker Corporation ("Stryker") , Stephen P. Mac illan ("MacMillan") and Dean H. Bergy ("Bergy") (coll ctively, "Defendants") have moved to transfer this secul ties class action and all related cases subsequently filec in this District to the United States District Court fc the Western District of Michigan at Kalamazoo. the facts Upc and conclusions set forth below, the motion is ranted. Prior Proceedings and Facts On January 15, 2010, the City of Pont ac General Employees' Retirement System (the "Plaintiff"), filed a putative class action complaint in the Southerr District of New York on behalf of purchasers of the common tock of Stryker between January 25, 2007 and November : , 2008, alleging violations of the Securities Exchange (the "Exchange Act"). ct of 1934 No related securities c: ss action complaints have been filed in any other court. The complaint alleges that Defendant2 defrauded investors by falsely representing to the market that
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