Wang

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

HARIRAM SHANKAR, Case No. 21-cv-06028-VC

Plaintiff,

ORDER RE MOTIONS TO DISMISS

v. Re: Dkt. Nos. 134, 135, 136, 137, 141 ZYMERGEN INC., et al., Defendants.

The motions to dismiss are denied as to the section 11 claim and granted as to the section 15 claim. This ruling assumes the reader is familiar with the facts of the case and the arguments made by the parties. 1. Judicial Notice. The Zymergen Defendants and the True Ventures Funds Defendants ask the Court to take judicial notice of Zymergen’s initial public offering prospectus and Zymergen’s 2021 Form 8-K. Dkt. No. 134-4. The DCVC Defendants ask the Court to take judicial notice of an Investors’ Rights Agreement, Zymergen’s Certificate of Incorporation, Zymergen’s Bylaws, and a copy of Defendant Matt Ocko’s tweets from April 22, 2021. Dkt. No. 135-6. Those requests are granted. See Dreiling v. American Express Co., 458 F.3d 942, 946 n.2 (9th Cir. 2006).1 2. Section 11 Claim. To state a claim under section 11 of the Securities Act, a plaintiff must allege “(1) that the registration statement contained an omission or misrepresentation, and (2)…