· Case Overview: Mohammad Reza Kamrani-Ghadjar, the plaintiff, seeks to represent a class of investors in a securities class action against Anaergia Inc. and other defendants. The claim alleges misrepresentations in Anaergia Inc.’s public disclosures.
· Legal Motions:
- Kamrani-Ghadjar moves for leave to proceed with the class action under the Securities Act and for certification under the Class Proceedings Act.
- Anaergia Inc. challenged the admissibility of an affidavit from Lon Michael Kirsh, arguing it contained inadmissible opinion evidence. A revised affidavit was submitted without opinion evidence.
· Court Rulings:
- Motion to Strike: Anaergia’s motion to strike the revised affidavit was dismissed. The court found the affidavit contained relevant observations rather than inadmissible opinions.
- Costs: While Anaergia's motion was dismissed, Kamrani-Ghadjar was ordered to pay Anaergia’s costs of $10,000 for withdrawing the initial affidavit, which led to additional costs for Anaergia.
· Legal Principles Discussed:
- Affidavits must contain relevant, material, and admissible evidence. Opinion evidence is generally inadmissible unless it qualifies as expert evidence.
- The court's discretion on costs is guided by fairness and proportionality.
· Next Steps: The plaintiff's motions for leave and certification are scheduled for a hearing in April 2025.