Jonathan Espy v. J2 Global, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JONATHAN ESPY, on behalf of No. 22-55829 himself and all others similarly situated, D.C. No. 2:20-cv-06096- Plaintiff-Appellant, FLA-MAA

v.

OPINION

J2 GLOBAL, INC.; VIVEK SHAH;

NEHEMIA ZUCKER; R. SCOTT

TURICCHI,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Fernando L. Aenlle-Rocha, District Judge, Presiding

Argued and Submitted October 3, 2023 San Francisco, California

Filed April 19, 2024

Before: M. Margaret McKeown, Consuelo M. Callahan, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge McKeown ESPY V. J2 GLOBAL, INC.

SUMMARY *

Securities Fraud

The panel affirmed the district court’s dismissal of Jonathan Espy’s securities fraud action against J2 Global, Inc., and individual defendants under § 10(b) of the Securities Exchange Act and Rule 10b-5. Espy alleged that J2, an international information services company, made materially misleading statements by omitting key facts regarding a 2015 acquisition and a 2017 investment, and hid underperforming…