Ocegueda
Ocegueda v. Zuckerberg
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division NATALIE OCEGUEDA, derivatively on Case No. 20-cv-04444-LB behalf of Facebook, 12 Plaintiff, ORDER GRANTING MOTION TO DISMISS v. Re: ECF No. 46 MARK ZUCKERBERG, et al., 15 Defendants. 16 INTRODUCTION In this shareholder derivative action, the Facebook defendants (nominal defendant Facebook and members of its board of directors and executive team) moved to dismiss the complaint, which challenges Facebook’s alleged lack of diversity (on its board and executive team, and in its workplace), its allegedly discriminatory advertising practices, and its failure to curb hate speech as (1) a violation of the directors’ fiduciary duty to the corporation and its shareholders and (2) false and misleading statements (because they contradict Facebook’s public proxy statements about its commitment to diversity), in violation of § 14(a) of the Exchange Act, 15 U.S.C.…