Berger v. Ludwick
Berger v. Ludwick
Opinion of the Court
MEMORANDUM
The district court properly dismissed the plaintiffs’ third amended complaint with prejudice. Although we do not address each of the complaint’s 196 paragraphs in this disposition, we have reviewed the entire complaint and agree with the district court that “the addition of words and the length of a complaint are no substitute for the clarity and specificity envisioned” by the Private Securities Litigation Reform Act (“PSLRA”), as interpreted by this circuit in In re Silicon Graphics, Inc., Sec. Litig., 183 F.3d 970 (9th Cir. 1999). Much of the complaint involves an attempt to create false statements by misconstruing what was actually said. Other portions of the complaint attack forward-looking statements, but without sufficient detail to explain why plaintiffs believe these statements were actually false and known to be false when made. 15 U.S.C. § 78u-4(b); see Silicon Graphics, 183 F.3d at 984-85.
Taken as a whole, the complaint does not allege facts raising a strong inference that the defendants acted intentionally or with deliberate recklessness to mislead investors. AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.