Saeger

*493 MEMORANDUM **

Plaintiff appeals the district court’s grant of summary judgment in favor of Defendant in his Rule 10b-5 lawsuit. He also appeals the court’s denial, as moot, of his motion for class certification. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo, Universal Health Servs., Inc. v. Thompson, 863 F.3d 1013 , 1019 (9th Cir.2004), and its decision to grant summary judgment prior to deciding the motion for class certification for abuse of discretion, Wright v. Schock, 742 F.2d 541, 544 (9th Cir.1984), and we affirm.

Plaintiff argues that the district court erred in finding no triable issues of fact with respect to any of the elements of securities fraud. See DSAM Global Value Fund v. Altris Software, Inc., 288 F.3d 385, 388 (9th Cir.2002); see also 15 U.S.C. § 78j(b); 17 C.F.R. § 240 .10b. We need look no further than the issue of materiality to affirm the district court’s ruling. Plaintiff presented no evidence that the description of the federal tax charge was material, even assuming arguendo that the description was imprecise. See Provenz v. Miller, 102 F.3d 1478, 1489 (9th Cir.1996). Summary…