Judge blasts Labaton for discovery ‘failure’ in class action

[Thomas] Dubbs of Labaton tried to place blame for the discovery delays on the Private Securities Litigation Reform Act, which bars the class from proceeding until a ruling on defense motions to dismiss. STEC counsel [Patrick] Gibbs of Latham stepped in to contradict Dubbs. “There has been nothing stopping the plaintiffs from doing anything for the past four months,” he said, in a reference to Selna’s June denial of STEC’s motion to dismiss. “There has been nothing stopping them from doing anything for the last several weeks,” Gibbs added.

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