Water Island Event-Driven Fund v. MaxLinear, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WATER ISLAND EVENT-DRIVEN Case No.: 23-CV-01607-CAB-VET FUND, on Behalf of Itself and All 12 Others Similarly Situated, ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE Plaintiff, 15 MAXLINEAR, INC. et al., 16 Defendant.
18 This securities class-action dispute arises out of a failed merger. In its wake, 19 Plaintiffs filed a consolidated complaint (or “Complaint”) alleging violations of Sections 20 (10)(b) and 20(a) of the Securities Exchange Act of 1934. [ECF No. 50.] At issue is 21 Defendants’ Motion to Dismiss the consolidated complaint for failure to state a claim under 22 Rule 12(b)(6). [ECF No. 51.] In light of the Ninth Circuit’s ruling in In re: CCIV / Lucid 23 Motors Sec. Litig., 110 F.4th 1181, 1187 (9th Cir. 2024) (hereinafter, “Lucid Motors”), the 24 Motion is GRANTED.
28 I. FACTUAL ALLEGATIONS The Court takes the alleged material facts as true and construes them in the light most favorable to Plaintiffs.1…