Both purchased Amedisys common stock during the Class Period and allege to have suffered damages as a result of Defendants' federal securities violations. Puerto Rico TRS is a single employer pension plan that provides retirement, death, and disability benefits to teachers in the Commonwealth of Puerto Rico, including all current and pensioned teachers of the Department of Education. Mississippi PERS is a pension fund established for the benefit of current and retired public employees of the State of Mississippi. Commission Rule 10b-5 forbids, among other things, the making of any 'untrue statement of a material fact' or the omission of any material fact 'necessary in order to make the statements made. deceptive device,' (2) 'in connection with the purchase or sale of any security,' and (3) 'in contravention of' Securities and Exchange Commission 'rules and regulations.'ġ5 U.S.C. Section 10(b) of the Securities Exchange Act of 1934 forbids (1) the 'use or employ.

Private federal securities fraud actions are based upon federal securities statutes and their implementing regulations.

270 at ¶¶ 516-18).Īs stated by the Supreme Court in Dura Pharm., Inc. Plaintiffs also bring claims against Individual Defendants under Section 20(a) of the Exchange Act, 15 U.S.C. They allege that Amedisys and seven current or former members of Amedisys's senior management ('Individual Defendants') defrauded investors by concealing a Medicare fraud scheme in violation of Section 10(b) of the Securities Exchange Act of 1934 ('Exchange Act'), 15 U.S.C. Lead Plaintiffs Public Employees' Retirement System of Mississippi ('Mississippi PERS') and Puerto Rico Teachers' Retirement System ('Puerto Rico TRS') (collectively, 'Plaintiffs') bring this consolidated class action on behalf of all who purchased or otherwise acquired Amedisys's publicly traded securities from Augto Septem(the 'Class Period'). For the reasons explained herein, Defendants' motion is GRANTED IN PART and DENIED IN PART. Jurisdiction is proper pursuant to 28 U.S.C. 290, 291), and Plaintiffs have submitted a sur-reply (Doc. 283), Defendants have submitted numerous replies, (Docs. Plaintiffs have submitted a memorandum in opposition, (Doc. 270) ('Plaintiffs' Complaint') dismissed for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure ('Rule') 12(b)(6). Defendants, in short, seek to have Plaintiffs' First Amended Consolidated Securities Class Action Complaint (Doc.

Jeter ('Jeter') (collectively, 'Defendants'). Browne ('Browne'), Alice Ann Schwartz ('Schwartz'), and Jeffrey D. ('Amedisys' or the 'Company'), William F. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANAīefore the Court is Defendants' Motion to Dismiss Plaintiffs' First Amended Consolidated Securities Class Action Complaint (Doc.

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