Kendall
Kendall v. Odonate Therapeutics, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 KEVIN KENDALL, individually and on Case No.: 3:20-cv-01828-H-LL behalf of all others similarly situated,
ORDER DENYING DEFENDANTS’
Plaintiff, MOTION TO DISMISS v. 16 [Doc. No. 25.]
ODONATE THERAPEUTICS, INC.,
KEVIN C. TANG, MICHAEL HEARNE,
and JOHN G. LEMKEY, Defendants. 20 On April 13, 2021, Plaintiff Kevin Kendall filed his second amended complaint 21 (“SAC”) alleging Defendants Odonate Therapeutics, Inc. (“Odonate”), Kevin C. Tang, 22 Michael Hearne, and John G. Lemkey (“Defendants”) had violated federal securities laws. 23 (Doc. No. 24, SAC.) On May 13, 2021, Defendants filed a motion to dismiss Plaintiff’s 24 SAC for failure to state a claim. (Doc. No. 25.) Plaintiff filed his opposition on June 26, 25 2021. (Doc. No. 30.) Defendants filed their reply on July 26, 2021. (Doc. No. 32.) On 26 August 4, 2021, the Court took the matter under submission. (Doc. No. 35.) For the reasons 27 that follow, the Court denies Defendants’ motion to dismiss. 28 …