Sneed Jr. v. AcelRx Pharmaceuticals, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 AARON SNEED JR., Case No. 21-cv-04353-BLF
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
ACELRX PHARMACEUTICALS, INC., et [Re: ECF No. 96] al., 11 Defendants. 12 Before the Court is Defendants AcelRx Pharmaceuticals, Inc. (n.k.a. Talphera, Inc.), Vincent J. Angotti, and Pamela Palmer’s motion to dismiss the Third Amended Complaint (“TAC”) in this putative securities class action. ECF No. 96 (“Mot.”); see also ECF No. 101 (“Reply”). Plaintiffs oppose the motion. ECF No. 100 (“Opp.”). The Court held a hearing on the motion on April 4, 2024. ECF No. 104. For the reasons stated below, the Court GRANTS Defendants’ motion to dismiss WITHOUT LEAVE TO AMEND. I. BACKGROUND A. Factual Background AcelRx is a pharmaceutical company that develops therapies for the treatment of acute pain. ECF No. 91 (“TAC”) ¶ 38. DSUVIA, the product at the center of this suit, is an opioid…