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Technology Stocks : EDTA (was GIFT)
EDTA 0.000200+300.1%Mar 7 3:00 PM EST

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To: ANGELIQUE LEE who wrote (668)8/16/1996 5:47:00 PM
From: Don Oppenheim   of 2383
 
There could be a lot of reasons for a defendant to file a motion to dismiss. However, one of them is not to indicate a settlement. If a defendant was going to settle, it would not be necessary to file a motion to dismiss (instead there would be a stipulated dismissal between the plaintiff and the defendant). Ususally it is not necessary for a defendant to get court approval to file a motion to dismiss. In this case the defendant may have had to get court permission because the time period to initially file a motion to dismiss expired (just speculating). A motion to dismiss can be filed for about eight different reasons including lack of jurisdiction over a defendant or to challenge the validity of the plaintiff's claim. In this case, since the main defendants have not filed a motion to dismiss, my guess is that this is just something specific to this defendant (such as a claim that the court doesn't have jurisdiction over it) and isn't anything that will impact the merits of the case.
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