Hardy
Hardy v. Embark Technology, Inc. f/k/a Northern Genesis Acquisition Corp. II
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TYLER HARDY, et al., Case No. 3:22-cv-02090-JSC
Plaintiffs,
ORDER RE: PLAINTIFFS’ MOTION
v. FOR PRELIMINARY APPROVAL
EMBARK TECHNOLOGY, INC., et al., Re: Dkt. Nos. 65, 81 Defendants.
12 Plaintiffs filed this putative securities class action alleging claims under Sections 11 and 15 of the Securities Act of 1933 and Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 on behalf of individuals who purchased stock in Embark Technologies Inc., or its predecessor Northern Genesis Acquisition Corp. II. While Defendants’ motion to dismiss was pending, the parties reached an agreement to resolve Plaintiffs’ claims and Plaintiffs’ unopposed motion for preliminary approval of the class action settlement is now pending before the Court. (Dkt. No. 65.1) The Court heard argument on Plaintiffs’ motion for preliminary approval on July 20, 2023 and ordered Plaintiffs to submit additional briefing in support of their motion. (Dkt. Nos. 74, 75.) 21…