In re Solarcity Corporation Securities Litigation

*978 ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Re: Dkt. No.

Plaintiffs Frank Fish (“lead plaintiff’), Joerg Mueller, George Nuckols, Richard Flynn, Neil Jubitz, and Retail Wholesale Department Store Union Local 338 Retirement Fund (collectively, “Plaintiffs”) allege that Defendants SolarCity Corporation (“SolarCity”), Lyndon Rive, Brad Buss, Tanguy Serra, and Hayden Barnard (collectively, “Defendants”) violated federal securities laws by misrepresenting SolarCity’s business health. Before the Court is Defendants’ Motion to Dismiss. ECF No. 55 (“Mot.”). Having considered the parties’ briefing, the relevant law, and the record in this case, the Court GRANTS Defendants’ Motion to Dismiss.

I. BACKGROUND

A. Factual Background

1. The Parties

Lead plaintiff Frank Fish “purchased SolarCity common stock” and was allegedly damaged by misrepresentations made by Defendants. ECF No. 50, Consolidated Class Action Complaint (“Compl.”) ¶ 18. Lead plaintiff seeks to represent a . putative class of “all persons who purchased or otherwise acquired the publicly-traded securities of SolarCity between May 6, 2015 and May 9, 2016 (the “Class Period”). Id. ¶ 1. SolarCity is a Delaware…