280 F.Supp.2d 128 (2003)

Barbara SCHAFFER, Derivatively, on behalf of LASERSIGHT INCORPORATED Plaintiff,
v.
CC INVESTMENTS, LDC, Castle Creek Partners, LLC, Societe Generale Shepherd Investments International, Ltd., Stark International, Brian J. Stark, Michael A. Roth, and Lasersight Incorporated, Defendants.

No. 99 Civ. 2821(VM).

United States District Court, S.D. New York.

September 3, 2003.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Barbara Schaffer ("Schaffer") brings this action pursuant to Section 16(b) of the Securities Exchange Act of 1934 130*130 (the "Act") for disgorgement of short-swing profits allegedly obtained by Defendants[1] acting as a group in violation of that section of the Act. In a prior Decision and Order, dated December 20, 2002, this Court held that genuine issues of material fact existed as to whether Defendants agreed to act as a group, as such term is defined in Section 13(d) of the Act, for purposes of acquiring, holding, voting, or disposing of registered securities of the issuer.[2]

In the instant motion, SG and SR both move, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment, arguing that none of their transactions identified by Schaffer constitute purchases of the issuer's securities within the meaning of Section 16(b) of the Act. In addition, CC moves for partial summary judgment, arguing that with the exception of two specified purchases, none of its transactions identified by Schaffer constitute purchases of the issuer's securities within the meaning of Section 16(b) of the Act. For the reasons discussed below, SR and SG's motions for summary judgment and CC's motion for partial summary judgment are DENIED

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