In re BioMarin Pharmaceutical Inc. Securities Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

IN RE BIOMARIN PHARMACEUTICAL

INC. SECURITIES LITIGATION Case No. 3:20-cv-06719-WHO

ORDER DENYING MOTION FOR

LEAVE TO FILE A MOTION TO

RECONSIDER OR CERTIFY ISSUE

FOR INTERLOCUTORY APPEAL Re: Dkt. No.

12 I previously denied a motion to dismiss this putative securities class action. I found, among other things, that the statements at issue were not protected by the safe harbor of the Private Securities Litigation Reform Act (“PSLRA”). The defendants (collectively, “BioMarin”) move for leave to file a motion to reconsider one aspect of that decision, or to certify the issue for interlocutory appeal in the alternative. BioMarin argues that I employed an overly demanding standard for whether “meaningful cautionary language” was adequate to relieve them of liability under the safe harbor. It contends that the standard relied on legal principles that predated the PSLRA and were overturned…