Mannkind Securities Actions

ORDER RE: MOTIONS TO DISMISS AND TO STRIKE

I. INTRODUCTION

Shareholders of MannKind Corporation, developer of an inhalable insulin treatment for diabetes, bring this securities fraud class action against the company and a number of its senior officers, alleging that Defendants serially misrepresented to investors facts relating to the existence and likelihood of FDA approval. Defendants now move to dismiss Plaintiffs’ complaint on the ground that it fails to meet the heightened pleading requirements for claims of securities fraud, and to strike an expert report attached to the complaint. For the reasons set forth below, the Court finds that the complaint is adequately pleaded, and that the expert report is *800 properly attached thereto. Accordingly, the Court DENIES both motions.

II. BACKGROUND

This securities class action is brought on behalf of all persons who purchased or otherwise acquired the common stock of MannKind Corporation (“MannKind”) between May 4, 2010 and February 11, 2011 (the “Class Period”), against MannKind and certain of its officers and/or directors (collectively, “Defendants”). (Docket No. 56, Corrected Consolidated Class Action Compl. (“CC”) ¶ 1.) The…