Kusen
Kusen v. Herbert, II
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALEXANDRA KUSEN, et al., Case No. 23-cv-02940-AMO
Plaintiffs,
ORDER GRANTING MOTION TO
v. DISMISS
JAMES H. HERBERT, II, et al., Re: Dkt. Nos. 182, 184, 186 Defendants.
12 This is a putative securities class action regarding statements made by officers and the auditor for a now-defunct bank. The motions to dismiss from Defendants James H. Herbert, II, Neal Holland, Michael J. Roffler, Michael D. Selfridge, Olga Tsokova (“Individual Defendants,” motion at ECF 186); KPMG, LLP (“KPMG,” motion at ECF 182); and Federal Deposit Insurance Corporation (“FDIC,” motion at ECF 184) were heard before this Court on April 17, 2025. Having read the papers filed by the parties and carefully considered their arguments therein and those made at the hearing, as well as the relevant legal authority, the Court hereby GRANTS FDIC’s motion to dismiss for the reasons stated below and TERMINATES the remaining motions as moot. I. BACKGROUND …