"In re Facebook, Inc. Securities Litigation"

Good Law
United States District Court, Northern District of CaliforniaSeptember 30, 20215:18-cv-01725California2,064 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 FAN YUAN, et al., Case No. 5:18-cv-01725-EJD

Plaintiffs, ORDER GRANTING MOTION TO

STRIKE THE DECLARATION OF

v. MATTHEW CAIN AND REFERENCES

THERETO IN THE THIRD AMENDED

FACEBOOK, INC., et al., COMPLAINT

Defendants. 13 Re: Dkt. No. 148

14 This is a putative securities fraud class action suit. Plaintiffs filed a Third Amended Complaint (“TAC”) on October 16, 2020. Dkt. No. 142. Exhibit C to the TAC is the Expert Declaration of Matthew D. Cain, Ph.D., dated October 15, 2020 (“Cain Declaration”). Id. at 304- 31. Pending before the Court is Defendants’ Motion to Strike the Declaration of Matthew Cain and References thereto in the Third Amended Complaint (“Mot.”). Dkt. No. 148. Defendants contend that the Cain Declaration should be stricken because it is not a written instrument under Federal Rule of Civil Procedure 10(c), and therefore is not part of the pleading and may not…

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