Chicago & Vicinity Laborers' District Council Pension Fund v. Amplitude, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHICAGO & VICINITY LABORERS’ Case No. 24-cv-00898-VC

DISTRICT COUNCIL PENSION FUND,

Plaintiff, ORDER GRANTING MOTION TO

DISMISS

v. Re: Dkt. No. 67 AMPLITUDE, INC., et al., Defendants.

The motion to dismiss is granted and the case dismissed with prejudice. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. The defendants’ request for judicial notice is granted because judicial notice can be taken of SEC filings, press releases, conference call transcripts, and analyst reports for the purpose of determining what information was available to the market. E.g., In re Splunk Inc. Securities Litigation, 592 F. Supp. 3d 919, 930 (N.D. Cal. 2022). Falsity. The plaintiff has not adequately pled any materially misleading statements or omissions by Amplitude, Skates, or Vuong. As discussed in the first order, the defendants did disclose that Amplitude’s strong Q2 results were driven by early renewals. That they did not explicitly discuss the impact of early renewals on future quarters does not make their statements plausibly misleading…