Judge Oetken also agreed with the defendants that the minimum standards statement was not misleading because, although Detour may not have met the standards at the time of the acquisition, "Kirkland's management had clarified in comments to investors before and afterwards that such standards were measured after Kirkland had acquired mines," and Detour ultimately did meet the standards. Judge Oetken also found that "Kirkland's history of acquiring declining mines and turning them into low-cost, high-volume producers" supported this conclusion. Judge Oetken found that the plaintiff's allegations of scienter similarly failed given the "lack of a genuine dispute as to the evidence that there were no on-going discussions between Detour and Kirkland when Makuch's three statements were made, and that the minimum standards statements did not refer to a mine's production capacity at the time of purchase."