Citation Codes Equivalent Citations citation codes Docket Number Civil Nos. 94-5522 (RBK), 96-2318 (RBK). Motions Motion for summary judgment : In Part Motion for summary judgment : In Part Judges Robert B. Kugler See more information ... Smart Summary Please sign up to generate summary. McKOWAN LOWE CO., LTD., Plaintiff, v. JASMINE, LTD., et al., Defendants. HARRY BERGER, indi ORDER ROBERT KUGLER, Magistrate Judge THIS MATTER having come before this Court upon (1) motion for summary judgment on all claims by defendant Arthur Andersen LLP ("Andersen"); (2) motion for summary judgment on all claims by defendants Sands Brothers Co., Steven Sands, and Martin Sands ("Sands Defendants"); and (3) motion for summary judgment on the class claims under sections 11 and 12(a)(2) of the Securities Act of 1933 by plaintiffs Harry Berger and Bernard Cutler; and the Court having considered the moving papers, and the opposition thereto; and for the reasons expressed in the Opinion issued this date; IT IS hereby ORDERED that: 1. Andersen's motion for summary judgment is GRANTED IN PART as to the section 10/Rule 10b-5, section 11, and fraudulent misrepresentation claims; and DENIED IN PART as to the remaining state law claims; and 2. The Sands Defendants' motion for summary judgment is GRANTED IN PART as to the section 10/Rule 10b-5 and section 11 claims; and DENIED IN PART as to the section 12(a)(2) claim and the remaining state law claims; and 3. Plaintiffs' motion for partial summary judgment is DENIED.