Wang
Wang v. Zymergen Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BIAO WANG, et al., Case No. 21-cv-06028-PCP
Plaintiffs,
ORDER DENYING MOTION FOR
v. PARTIAL FINAL JUDGMENT
ZYMERGEN INC., et al., Re: Dkt. No. 406 Defendants.
12 In this securities fraud class action, lead plaintiff Biao Wang filed a second amended complaint on March 4, 2024, asserting that defendants DCVC Management Co, LLC, Data Collective II, L.P., and DCVC Opportunity Fund, L.P. (collectively DCVC) were secondarily liable for violations of Sections 11 and 15 of the Securities Act. The complaint alleged that DCVC’s control of Matthew Ocko (an owner of DCVC and a member of Zymergen’s board) and its control of Zymergen both subjected it to liability under Section 15. The complaint also alleged that DCVC was liable for Mr. Ocko’s alleged violation of Section 11 under a theory of respondeat superior. The Court dismissed the Section 15 claim premised on DCVC’s control of Mr. Ocko and dismissed the Section 11 claim. The Court did…