Boston Retirement System v. Uber Technologies, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOSTON RETIREMENT SYSTEM,

Case No. 19-cv-06361-RS Plaintiff, 11 v. ORDER DENYING MOTION TO DISMISS NEW PLAINTIFFS' CLAIMS UBER TECHNOLOGIES, INC., et al., IN SECOND AMENDED CLASS COMPLAINT Defendants.

15 This putative class action alleges violations of the Securities Act of 1933 (the “Securities Act”) in relation to Uber’s May 2019 initial public offering (“IPO”). Plaintiffs filed a Second Amended Complaint in May 2021, adding four new proposed class representatives as named plaintiffs (referred to as the “New Plaintiffs”). Defendants move to dismiss the claims of the New Plaintiffs, arguing that their addition is barred by the Supreme Court’s decision in China Agritech v. Resh, 138 S.Ct. 1800 (2018), which disallowed tolling for successive class actions filed after the expiration of the relevant statute of limitations. Defendants also argue that the addition of the New 23…