Cohen v. Stratosphere Corp.

Ninth Circuit

Cohen v. Stratosphere Corp.

386 F.3d 950, 2004 WL 2377547

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 25, 2004

DocketNo. 95-16098

StatusPublished

Cited by1 cases

This text of 386 F.3d 950 (Cohen v. Stratosphere Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cohen v. Stratosphere Corp., 386 F.3d 950, 2004 WL 2377547 (9th Cir. 2004).

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Opinion

ORDER

Stratosphere Corporation was originally one of several defendants-appellees in appeal No. 95-16098. It entered bankruptcy while the appeal was pending, and all proceedings with regard to it were stayed in this court pursuant to 11 U.S.C. § 362(a). The panel as originally constituted decided [951]*951the appeal with regard to all the other parties in Cohen v. Stratosphere Corp., 115 F.3d 695 (9th Cir.1997). We are now advised that Stratosphere’s bankruptcy proceedings terminated on or about February 11, 2004. We therefore proceed with the appeal with regard to Stratosphere Corporation.

For the reasons stated in the prior opinion in this case, we now affirm the judgment of the district court dismissing, pursuant to Fed.R.Civ.P. 12(b)(6), the claims against Stratosphere Corporation based on the Securities Exchange Act of 1934, 15 U.S.C. § 78¡j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5. We also affirm the dismissal without prejudice of the state law claims against Stratosphere. The judgment of the district court is therefore in all respects

AFFIRMED.

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ORDER

Stratosphere Corporation was originally one of several defendants-appellees in appeal No. 95-16098. It entered bankruptcy while the appeal was pending, and all proceedings with regard to it were stayed in this court pursuant to 11 U.S.C. § 362(a). The panel as originally constituted decided [951]*951the appeal with regard to all the other parties in Cohen v. Stratosphere Corp., 115 F.3d 695 (9th Cir.1997). We are now advised that Stratosphere’s bankruptcy proceedings terminated on or about February 11, 2004. We therefore proceed with the appeal with regard to Stratosphere Corporation.

For the reasons stated in the prior opinion in this case, we now affirm the judgment of the district court dismissing, pursuant to Fed.R.Civ.P. 12(b)(6), the claims against Stratosphere Corporation based on the Securities Exchange Act of 1934, 15 U.S.C. § 78¡j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5. We also affirm the dismissal without prejudice of the state law claims against Stratosphere. The judgment of the district court is therefore in all respects

AFFIRMED.

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386 F.3d 950, 2004 WL 2377547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-stratosphere-corp-ca9-2004.

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