Gatubhai Mistry v. Qualcomm, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 20-56178 GATUBHAI MISTRY, Lead Plaintiff; et. al., D.C. No. 3:18-cv-01208-CAB-

AHG

Plaintiffs - Appellants,

v. MEMORANDUM*

QUALCOMM, INC.; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted November 16, 2021 Pasadena, California

Before: BYBEE and BENNETT, Circuit Judges, and BATAILLON,** District Judge.

Court-appointed lead plaintiff, Gatubhai Mistry and other Qualcomm

investors (Investors), appeal the district court’s dismissal under Federal Rule of Civil

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska, sitting by designation. Procedure 12(b)(6) of their second amended complaint…