Zeid

Zeid v. Kimberley

Good Law
11 F. App'x 881
United States Court of Appeals for the Ninth CircuitApril 9, 2001No. 00-16089; D.C. No. CV-96-20136-SWCalifornia426 words

Opinion

Lead Opinion

MEMORANDUM *

The district court dismissed Plaintiffs’ First Amended Complaint with prejudice. Plaintiffs timely appealed, and this court remanded for reconsideration in the light *882 of the intervening decision of Janas v. McCracken (In re Silicon Graphics Inc. Sec. Litig.), 183 F.3d 970 (9th Cir.1999). Zeid v. Kimberley, No. 97-16070, 1999 WL 993649 (9th Cir. Nov.l, 1999) (unpublished memorandum disposition). On remand, the district court again dismissed the case and, again, Plaintiffs filed a timely appeal. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

Under the Private Securities Litigation Reform Act of 1995 (PSLRA), 15 U.S.C. § 78u-4(b)(l), a plaintiff must “specify each statement alleged to have been misleading [and] the reason or reasons why the statement is misleading.” Allegations made on information and belief must “state with particularity all facts on which that belief is formed.” Id. The facts alleged must give rise to a “strong inference” of the required state of mind. 15 U.S .C. § 78u-4(b)(2).

Silicon Graphics requires that we affirm. The court there held that the complaint failed the particularity and strong inference tests of the PSLRA because it did…

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