Jaszczyszyn

Jaszczyszyn v. SunPower Corporation

Good Law
United States District Court, Northern District of CaliforniaOctober 13, 20223:22-cv-00956California2,356 words

Opinion

Trial Court Opinion

I. BACKGROUND

18 On April 18, 2022, the Court received three competing motions for appointment of lead 19 plaintiff in this putative securities class action. The pending motions seek appointment of (1) 20 Deming Song, represented by The Rosen Law Firm, P.A., Dkt. No. 16; (2) the Pension & 21 Retirement Funds, represented by Robbins Geller Rudman & Dowd LLP, Dkt. No. 25; and (3) 22 James and Karla Fillinger, represented by Glancy Prongay & Murray LLP, Dkt. No. 20.2 23 // 24 // 25 26 1 Plaintiffs’ counsel failed to appear and the Court took the motions under submission. See Dkt. 27 Nos. 43, 44. II. APPOINTMENT OF LEAD PLAINTIFF The Private Securities Litigation Reform Act (“PSLRA”) “instructs district courts to select as lead plaintiff the one ‘most capable of adequately representing the interests of class members.’” In re Cavanaugh, 306 F.3d 726, 729 (9th Cir. 2002) (quoting 15 U.S.C. § 78u-4(a)(3)(B)(i)). “The ‘most capable’ plaintiff—and hence the lead plaintiff—is the one who has the greatest financial stake in the outcome of the case, so long as he meets the requirements of Rule 23.” Id. The Ninth Circuit interprets the PSLRA as…

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