DeMarco
DeMarco v. Depotech Corp.
Opinion
Lead Opinion
MEMORANDUM **
A class of investors, with lead plaintiffs Vincent DeMarco and Bruce O’Brien, appeals the district court’s dismissal of the Corrected Second Amended Complaint (“CSAC”). The CSAC alleged that DepoTech Corp. and two of its officers, Edward Erickson and Sinil Kim, committed securities fraud by making false statements about clinical trials for a drug called Depo-Cyt. Because the parties are familiar with the facts, we will not recite them in detail *262 except as necessary. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We agree with the district court that the CSAC failed to meet the heightened pleading standards under the Private Securities Litigation Reform Act (“PSLRA”), which requires that a complaint “state with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind.” 15 U.S.C. § 78u-4(b)(2). Pursuant to In re Silicon Graphics Sec. Litig., 183 F.3d 970, 974 (9th Cir.1999), plaintiffs “must plead, in great detail, facts that constitute strong circumstantial evidence of deliberately reckless or conscious misconduct.” In other words, plaintiffs “must state specific facts indicating no less…