In re Vaxart, Inc. Securities Litigation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

In re VAXART, INC. SECURITIES Case No. 20-cv-05949-VC

LITIGATION.

ORDER RE MOTION TO DISMISS

Re: Dkt. No. 261

The motion to dismiss is granted in part and denied in part. This ruling assumes the reader is familiar with the allegations and the arguments made by the parties. 1. Request for Judicial Notice. The Armistice Defendants ask the Court to take judicial notice of 14 exhibits. The plaintiffs object to the consideration of Exhibits 2, 5–7 and 10–12. The request is granted as to the unopposed exhibits. The request is also granted as to Exhibits 2, 5, 6, 7, and 10. Those documents are incorporated into the complaint by reference. The request is denied as to Exhibits 11 and 12. Those documents are not incorporated by reference—the complaint does not rely on them at all—and there is no other basis for taking judicial notice of them. 2. Rule 10b-5(b) Claim. The motion to dismiss is granted as to the Rule 10b-5(b) claim. Under Rule 10b-5(b), it is unlawful for any person to “make any untrue statement of a material fact” in connection with the purchase or sale of securities. 17 C.F.R. § 240.10b-5(b). The…