Anderson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD ANDERSON, RAYMOND No. 2:18-CV-00714-DJC-AC

KEITH CORUM, JESSE AND COLLEEN

WORTHINGTON, individually and on behalf of others similarly situated, ORDER Plaintiffs, 14 v.

EDWARD D. JONES & CO., L.P.,

16 Defendant. 17 18 Before the Court is Defendant’s second Motion to Dismiss Plaintiffs’ Third Amended Complaint (“TAC” (ECF No. 82)). (Mot. to Dismiss (“MTD”) (ECF No. 181).) Despite the Ninth Circuit’s ruling that Plaintiffs’ claim is not barred by the Securities Litigation Uniform Standards Act (“SLUSA”), Defendant argues that an expert opinion report produced by Plaintiffs in discovery should be attributed to Plaintiffs and modify Plaintiffs’ TAC such that the suit now falls under the scope of SLUSA. For the reasons below, the Court declines to find that Plaintiffs’ claim has been modified by the report and DENIES Defendant’s Motion to Dismiss. //// //// I. Background A. Factual Background Plaintiffs Edward Anderson,…