Pristavec

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL PRISTAVEC, et al., Case No. 21-cv-04458-EMC

Plaintiffs,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS SECOND

AMENDED COMPLAINT

MENO HOLDINGS SPV, LP, et al., Docket No. 41 Defendants.

12 13 I. INTRODUCTION This case concerns the purchase and sale of Daniel Pristavec and Justin Hauge’s (“Plaintiffs”) shares of restricted Airbnb stock. See Second Amended Compl. (“SAC”) ¶¶ 8-9; Docket No. 40. Further, Plaintiffs specifically contend that their respective contracts with Defendants violated Section 12 of the Securities Act and as such, they are entitled to recission and to receive all consideration paid for the securities at issue with interest. Plaintiffs also allege, among other things, that Meno violated Section 5 of the Securities Act and materially breached its contracts thereby rendering the sale of the securities illegal and excusing Plaintiffs’ performance. See id ¶¶ 18-36. As a predicate…