Weller
Weller v. Scout Analytics, Inc.
Opinion
Lead Opinion
Davila, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
Scott Weller (“Plaintiff’) brings this putative class action against Scout Analytics, Inc., ServiceSource International Inc., and the Chief Executive Officer (“CEO”) of ServiceSource, Mike Smerklo (collectively, “Defendants”), alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 of the U.S. Securities and Exchange Commission (“SEC”) promulgated thereunder. Compl. ¶ 2, Dkt. No. 1. Plaintiffs bring this action individually and on behalf of all other purchasers of ServiceSource stocks during the proposed class period of January 22, 2014 and May 1, 2014, inclusive. Compl. ¶ 1.
Presently before the court is Defendants’ Motion to Dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), and for failure to plead claims with the requisite level of particularity under Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), 15 U.S.C. 78u-4 et seq. (1995). Defs.’ Mot. to Dismiss (“Mot.”) at 3, Dkt. No. 31. Having parefully considered the papers submitted by both parties in this…