United States Second Circuit

In a fraudulent misrepresentation action involving securities, district court judgment is affirmed in part where: 1) the court properly denied plaintiff's motion to amend, as the record is devoid of evidence supporting plaintiffs' contention that good cause existed for the district court to modify its scheduling order; and 2) the court properly dismissed plaintiff's claim brought under Georgia-s "blue sky" law, as plaintiffs did not cite a specific provision of the statute or refer to particular false or misleading statement that allegedly violated the statute and thus failed to provide defendant with fair notice of their claim and the grounds upon which it rested. The remaining three issues on appeal are certified to the Supreme Court of Georgia, as the state's highest court has not directly addressed the issues and the present court is unable to predict with certainty how the court would rule on them in the instant case.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before: CABRANES and WALKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Rosemary S. Armstrong (Joseph J. Burton, on the brief), Burton & Armstrong, LLP, Atlanta, GA, for Plaintiffs-Appellants William K. Holmes, Holmes Capital, LLC, Brew Dog, LLC, Bimini Star, LLC, and EBH Investments Co., LLC.


• For Appellees:
  
• Walter Rieman (Brad S. Karp, Eric S. Goldstein, Susanna Buergel, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Defendants-Appellees Jack Grubman and Citigroup Global Markets, Inc. f/k/a Smith Barney Co., Inc.