In re Nutanix, Inc. Securities Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RYAN SCHELLER, et al., Case No. 19-cv-01651-WHO

Plaintiffs,

ORDER REGARDING MOTION TO

v. DISMISS

NUTANIX, INC., et al., Re: Dkt. No. 125 Defendants.

Plaintiffs Ryan Scheller, Bristol County Retirement System, Joseph S. Maroun, and the City of Miami Fire Fighters and Police Officers Retirement Trust (collectively, “Plaintiffs”) bring this putative class action against Nutanix, Inc., Dheeraj Pandey, and Duston M. Williams (collectively, “Nutanix”). Nutanix again moves to dismiss Plaintiffs’ Second Amended Complaint, which suffers from many of the same deficiencies as their prior complaint. Most of the statements that Plaintiffs allege were false were facially true, and Plaintiffs have not adequately stated why a reasonable investor would have been misled by such statements. However, Plaintiffs have adequately alleged falsity and scienter for a few statements regarding new customer growth and sales productivity, as described further…