Oakland County Voluntary Employees' Beneficiary Association v. Tesla Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 2 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

OAKLAND COUNTY VOLUNTARY No. 25-55 EMPLOYEES' BENEFICIARY D.C. No. ASSOCIATION; OAKLAND COUNTY 3:23-cv-00869-AMO EMPLOYEES' RETIREMENT SYSTEM, Lead Plaintiffs,

MEMORANDUM*

Plaintiffs - Appellants,

and

THOMAS LAMONTAGNE,

Plaintiff,

v.

TESLA INC.; ELON MUSK,

Defendants - Appellees,

and

ZACHARY J. KIRKHORN, DEEPAK

AHUJA,

Defendants.

Appeal from the United States District Court for the Northern District of California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Araceli Martinez-Olguin, District Judge, Presiding

Argued and Submitted November 20, 2025 San Francisco, California

Before: S.R. THOMAS, BRESS, and MENDOZA, Circuit Judges.

Oakland County Voluntary Employees’ Beneficiary Association and Oakland

County Employees’ Retirement System (Plaintiffs) appeal from the district court’s

dismissal under Federal Rule of Civil Procedure…