Salzman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 ZACHARY SALZMAN, Individually and Case No.: 23-cv-01216-GPC-VET on Behalf of All Others Similarly 11 Situated, ORDER GRANTING IN PART AND DENYING IN PART MOTION TO Plaintiff,

DISMISS

13 v. [ECF Nos. 50, 56]

IMMUNITYBIO, INC., RICHARD

ADCOCK, DAVID C. SACHS, and

PATRICK SOON-SHIONG,

16 Defendant.

18 ImmunityBio is a pharmaceutical company that develops cancer treatments. Its 19 portfolio includes at least seventeen product candidates, but this dispute concerns just 20 one: the company’s flagship product candidate, an antibody called N-803, known 21 internally as Anktiva. Plaintiff alleges that Defendants,1 in the course of seeking FDA 22 approval for Anktiva, misled investors to believe that Anktiva was manufactured in 23 24 25 1 The Individual Defendants are ImmunityBio’s CEO, CFO, and Chief Scientific and Medical Officer, respectively. ECF No. 37 (“Amended Complaint” or “AC”) at ¶¶ 21– 23. 27 compliance with industry…