Broderick

Broderick v. PricewaterhouseCoopers LLP

Good Law
169 F. App'x 496
United States Court of Appeals for the Ninth CircuitFebruary 23, 2006No. 04-56057California1,012 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs, a class of PHP Healthcare, Inc. (“PHP”) stockholders, appeal the district court’s grant of PricewaterhouseCoopers’ (“PWC”) motion to dismiss the third amended complaint for failure to plead with particularity as required by the Federal Rules of Civil Procedure 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995 (“PSLRA”), 15 U.S.C. § 78u-4(b). We affirm.

The parties are familiar with the facts of the case. We need not repeat them here.

We review de novo the dismissal of Plaintiffs’ third amended complaint. See DSAM Global Value Fund v. Altris Software, Inc., 288 F.3d 385, 388 (9th Cir. 2002). “All allegations of material fact made in the complaint are taken as true and construed in the light most favorable to the plaintiff.” No. 84 Employer-Teamster Joint Council Pension Trust Fund v. America West Holding Corp., 320 F.3d 920, 931 (9th Cir.2003). The pleading requirements of the PSLRA are more stringent than those required by the Federal Rule of Civil Procedure 12(b)(6). Desaigoudar v. Meyercord, 223 F.3d 1020, 1021 (9th Cir.2000). We “consider all reasonable inferences to be drawn from the allegations, including inferences…

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