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WEINSTEIN v. McCLENDON

No. 13-6121.

757 F.3d 1110 (2014)

Dvora WEINSTEIN; Steven Weinstein, individually and on behalf of all others similarly situated, Plaintiffs, v. Aubrey K. McCLENDON; Chesapeake Energy Corporation; Domenic J. Dell'Osso; Marcus Rowland; Michael A. Johnson; Jeffrey L. Mobley; Henry J. Hood, Defendants-Appellees, and Ontario Teachers' Pension Plan Board, Movant-Appellant, and IBI Amban Investment Management, Ltd; Clal Pension & Provident Fund, Ltd; Arkansas Public Employees Retirement System; State Universities Retirement System of Illinois; State of Oregon, by and through the Oregon State Treasurer and the Oregon Public Employee Retirement Board on behalf of the Oregon Public Employee Retirement Fund; Shi Yan, Movants.

United States Court of Appeals, Tenth Circuit.

July 8, 2014.

Attorney(s) appearing for the Case

Joseph Alberto Fonti of Labaton Sucharow LLP, New York, NY ( Sean Connelly of Reilly Pozner LLP, Denver, CO, and Jonathan M. Plasse , Javier Bleichmar , Serena P. Hallowell , and Jeffrey R. Alexander of Labaton Sucharow LLP, New York, NY, with him on the briefs) for Movant-Appellant.

Robert P. Varian of Orrick, Herrington & Sutcliffe LLP, San Francisco, CA ( Spencer F. Smith of McAfee & Taft, Oklahoma City, OK, and M. Todd Scott and Alexander K. Talarides of Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, with him on the briefs) for Defendants-Appellees.

Before HARTZ, McKAY, and MATHESON, Circuit Judges.

McKAY, Circuit Judge.

This is a consolidated class action securities case in which Plaintiffs allege that various corporate officers of Chesapeake Energy Corporation materially misled the public about Chesapeake's real financial condition in violation of federal securities laws. The district court granted Defendants' motion to dismiss the complaint, holding that Plaintiffs had failed to plead with particularity facts giving rise to a strong inference of scienter as...

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