In re Nimble Storage, Inc. Securities Litigation

Good Law
252 F. Supp. 3d 848·2017 WL 1953314·2017 U.S. Dist. LEXIS 71639
United States District Court, Northern District of CaliforniaMay 10, 2017Case No. 15-cv-05803-YGRCalifornia3,054 words

Opinion

Lead Opinion

Rogers, J.

*849 Order Granting Dependants’ Motion to Dismiss

Re: Dkt. No. 123

Plaintiff Arkansas Teacher Retirement System, as lead plaintiff, brings this consolidated second amended complaint against defendants Nimble Storage, Inc. (“Nimble”), Suresh Vasudevan, Anup Singh, Varun Mehta, and Dan Leary for alleged violations of federal securities laws. (Dkt. No. 121, “SAC.”) Specifically, plaintiff claims that all defendants violated section 10(b) of the Exchange Act and Rule 10-b5 promulgated thereunder for allegedly making fraudulent statements regarding Nimble’s prospects and financial condition between November 24, 2014 and November 19, 2015 (the “Class Period”). Additionally, plaintiff brings claims against defendants Vasudevan and Singh under section 20 of the Exchange Act.

The Court previously dismissed plaintiffs complaint, which focused on its allegations that defendants misled the public by failing to disclose Nimble’s: (i) limiting its investments in Sales ■ and Marketing (“S/M”); (ii) diversion of investments from its commercial segment to its enterprise segment; and (iii) failure to penetrate clients for its enterprise segment in a meaningful fashion. 1 Plaintiffs SAC now…

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