RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT’S LOCAL RULE 023 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION: “(SUMMARY ORDER).” UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT http://www.ca2.uscourts.gov/), THE PARTY CITING THE SUMMARY ORDER MUST FILE AND SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED. IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED. Paul DEXTER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. DEPOSITORY TRUST CLEARING CORPORATION, National Association of Securities Dealers, Inc., and Cede Company, Defendants-Appellees.

No. 06-0123.United States Court of Appeals, Second Circuit.
March 6, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Southern District of New York (Lynch, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.

Lee Squitieri, Squitieri Fearon, LLP, New York, NY, for Appellant.

Douglas R. Cox, Gibson, Dunn Crutcher, LLP, Washington, D.C. for National Association of Securities Dealers, Inc.; Gregg H. Mashberg, Proskauer Rose LLP, New York, NY, for Depository Trust Clearing Corp. and Cede Company.

Present: ROSEMARY S. POOLER, PETER W. HALL, Circuit Judges, LEONARD B. SAND, District Judge.[*]

[*] The Honorable Leonard B. Sand, United States District Judge for the Southern District of New York, sitting by designation.

Page 92

SUMMARY ORDER
We assume the parties’ familiarity with the factual background, proceedings below, and specification of issues for appeal. We affirm because we find no error in the district’s court’s conclusions that the National Association of Security Dealers is absolutely immune from the claims made in this case and that the actions of the remaining defendants are therefore privileged.

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