Quinan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RUSSELL QUINAN,

Case No. 21-cv-05295-JCS Plaintiff, ORDER DENYING MOTION TO v. DISMISS, VACATING MOTION HEARING AND STRIKING DOCKET ADAM KLEINBERG, et al., NOS. 26-1 AND 26-2 UNDER RULE 12(F) OF THE FEDERAL RULUES OF Defendants. CIVIL PROCEDURE 11 Re: Dkt. Nos. 26, 28

I. INTRODUCTION Plaintiff Russell Quinan asserts a securities fraud claim under Section 10(b) of the Securities and Exchange Act of 1934 and SEC Rule 10b-5 (“Rule 10b-5 Claim”), as well as related state law claims, against Defendants Adam Kleinberg, Paul Giese and Theo Fanning. Presently before the Court is Defendants’ Motion to Dismiss for Failure to State a Claim and Dismiss Supplemental Claims (“Motion”), which is brought by Kleinberg and Giese and in which Fanning joins. The Court finds that the Motion is suitable for determination without oral argument…