Thomas

Thomas v. Magnachip Semiconductor Corp.

Good Law
167 F. Supp. 3d 1029·2016 WL 845288·2016 U.S. Dist. LEXIS 28077
United States District Court, Northern District of CaliforniaMarch 4, 2016Case No. 14-cv-01160-JSTCalifornia12,050 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

Re: ECF Nos. 121, 123, 126, 130, 155

Before the Court are five motions to dismiss filed by Nader Tavakoli, ECF No. 121; by Avenue Capital Management II, L.P., Michael Elkins, and Randal Klein, ECF No. 123; by Ilbok Lee, Magnachip *1036 Semiconductor Corp., and R. Douglas Nor-by, ECF No. 126; by Barclays Capital Inc., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Needham & Company, LLC, and UBS Securities LLC, ECF No. 130; and by Margaret Sakai, ECF No. 155. On December 11, 2015, the parties informed the Court that a settlement had been reached in regards to all claims asserted against all defendants except for Avenue Capital Management II, L.P. ECF No. 174. Accordingly, the motions to dismiss in regards to all other defendants are denied as moot.

For the reasons stated below, the motions to dismiss in regards to Avenue Capital Management II, L.P. are granted in part and denied in part. The parties have also filed five requests for judicial notice, ECF Nos. 125, 128, 132, 140, 157, which the Court will grant.

I. BACKGROUND

Plaintiffs in this case bring claims under both the Securities Exchange Act of…

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