Motion to dismiss count IV by Brean and McQuarie is DeniedFull docket text for document 399: OPINION AND ORDER: re: (373 in 1:11-cv-02598-KBF) MOTION to Dismiss the Second Consolidated Class Amended and Supplemental Complaint. filed by Macquarie Capital (USA) Inc., (370 in 1:11-cv-02598-KBF) MOTION to Dismiss Count IV (Securities Fraud) Of The Second Consolidated Amended And Supplemental Complaint. filed by Brean Murray, Carrt & Co., LLC. For the reasons set forth above, the underwriters' motions to dismiss the complaint are DENIED. The Clerk of Court shall terminate the motions at ECF Nos. 370 and 373. The parties shall confer and submit a proposed schedule for there solution of this matter within 10 days, or no later than Thursday, July 24, 2014. (Signed by Judge Katherine B. Forrest on 7/14/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(js) Modified on 7/14/2014 (js).