Huberman

MEMORANDUM *

In this securities fraud action, Seth Hu-berman appeals from the district court’s grant of summary judgment in favor of defendants Tag-It Pacific, Inc. (“Tag-It”) (now Talon International), Colin Dyne, Mark Dyne, August DeLuca, and Ronda Ferguson (“individual defendants”). Hu-berman, a Tag-It stockholder, alleged that material misrepresentations in Tag-It’s press releases and SEC filings, combined with its improper accounting practices, constituted fraudulent conduct in violation of Section 10(b) and Section 20(a) of the Securities Exchange Act of 1934 and Rule 10(b)(5) of the Securities Exchange Commission. Huberman also appeals the district court’s denial of class certification under Federal Rule of Civil Procedure 23(b)(3). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for trial.

A district court’s grant of summary judgment is reviewed de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We must determine, viewing the evidence in the light most favorable to the nonmov-ing party, whether there are any genuine *61 issues of material fact and whether the district court correctly applied the relevant substantive law. Olsen v.…