Berger
Berger v. Ludwick
Opinion
Lead Opinion
MEMORANDUM *
The district court properly dismissed the plaintiffs’ third amended complaint with prejudice. Although we do not address each of the complaint’s 196 paragraphs in this disposition, we have reviewed the entire complaint and agree with the district court that “the addition of words and the length of a complaint are no substitute for the clarity and specificity envisioned” by the Private Securities Litigation Reform Act (“PSLRA”), as interpreted by this circuit in In re Silicon Graphics, Inc., Sec. Litig., 183 F.3d 970 (9th Cir.1999). Much of the complaint involves an attempt to create false statements by misconstruing what was actually said. Other portions of the complaint attack forward-looking statements, but without sufficient detail to explain why plaintiffs believe these statements were actually false and known to be false when made. 15 U.S.C. § 78u-4(b); see Silicon Graphics, 183 F.3d at 984-85 .
*529 Similarly, the insider stock sales do not give rise to a strong inference of the required scienter. The sales were not exceptionally large in light of the insiders’ total holdings, the total capitalization of the company and the fact that the complaint aggregates…