Uniformed Sanitationmen's Association Compensation Accrual Fund v. Equinix, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNIFORMED SANITATIONMEN’S Case No. 24-cv-02656-VC
ASSOCIATION COMPENSATION
ACCRUAL FUND,
ORDER RE MOTION TO DISMISS
Plaintiff, Re: Dkt. No. 54 v.
EQUINIX, INC., et al., Defendants.
The motion to dismiss is granted in part and denied in part. This ruling assumes the reader is familiar with the complaint’s allegations, the applicable legal standards, and the arguments made by the parties. I The defendants ask the Court to take judicial notice of 26 exhibits. The plaintiff objects to Exhibits 11-16. The request is granted as to the unopposed exhibits. As the plaintiff acknowledges, judicial notice can be taken for SEC filings, analyst reports, earnings call and Analyst/Investor Day transcripts, and court filings “for the purpose of determining what information was available to the market.” In re Splunk Inc. Securities Litigation, 592 F. Supp. 3d 919, 930 (N.D. Cal. 2022); see Khoja v. Orexigen Therapeutics, Inc., 899 F.3d 988, 999 (9th Cir. 2018). The Court does not take notice of them for the truth of the statements they contain. The request is also granted as to Exhibits 11-16. The plaintiff argues that…