United States District Court for the Northern District of California grants Bergeson, LLP's motion to dismiss with prejudice, dismissing multiple fraud and breach of fiduciary duty claims against the former Chief Financial Officer of Netcentives, Inc.

On August 25, 2005, the United States District Court for the Northern District of California granted in their entirety, and with prejudice, motions to dismiss filed by defendants John F. Longinotti, West Shell III, and Frank Quattrone in Scognamillo, et al v. Credit Suisse First Boston LLC, et al., Case No. C03-2061 TEH. Plaintiffs generally alleged that defendants engaged in a scheme that resulted in the artificial inflation of shares of Netcentives, Inc. ("Netcentives") to the detriment of Plaintiffs, whose majority ownership of UVN Holdings, Inc. was exchanged for Netcentives shares as part of a merger of the companies. The Court found that Plaintiffs could not state claims upon which relief could be granted to support their allegations of breach of fiduciary duty, aiding and abetting breach of fiduciary duty, negligence, fraud and negligent misrepresentation, violations of Corporations Code section 25400, 25500, 25403, claims of acting in concert, conspiracy, and violations of California Business and Professions Code section 17200. As Plaintiffs previously amended their complaint twice, and failed to convince the Court that a third opportunity to amend the complaint was warranted, the Court granted the motions without leave to amend. Daniel J. Bergeson and Caroline McIntyre of Bergeson, LLP represented defendant John F. Longinotti, the former Chief Financial Officer of Netcentives.