In re: CannaVest Corp. Securities Litigation, No. 1:2014cv02900 - Document 116 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION & ORDER re: 108 MOTION to Dismiss Consolidated Class Action Complaint for Violation of the Federal Securities Laws Pursuant to Rule 12(B)(6). filed by Stuart Titus, 81 MOTION to Dismiss Consolidated Class A ction Complaint for Violation of the Federal Securities Laws Pursuant to Rule 12(B)(6). filed by Edward A. Wilson, Michael Mona, Jr., Theodore R. Sobieski, Bart P. Mackay, Cannavest Corp., Michael Mona, III. Defendants' motions to dismi ss Plaintiffs' Section lO(b) and Rule lOb-5 claims are granted as to Plaintiffs' (1) market manipulation claim and (2) material misstatements or omissions claim as against Mackay, Sobieski, and Titus. Defendants' motions to dismiss P laintiffs' misstatements and omissions claim are otherwise denied. Defendants' motions to dismiss Plaintiffs' Section 20(a) claim are granted as to Titus and Sobieski, but are otherwise denied. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 81, 108). (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 3/31/2018) (cf)