West v. eHealth, inc. et al

Filing 36

ORDER REQUIRING PREPARATION OF SUPPLEMENTAL CHART. Signed by Judge James Donato on 9/22/15. (lrcS, COURT STAFF) (Filed on 9/23/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JEFFREY WEST,

Case No. 3:15-cv-00360-JD

Plaintiff,
8
v.

ORDER REQUIRING PREPARATION
OF SUPPLEMENTAL CHART

9
10

EHEALTH, INC., et al.,
Defendants.

United States District Court
Northern District of California

11
Lead Plaintiffs are ordered to prepare a chart of the information required by 15 U.S.C.

12
13

§ 78u-4(b)(1) and (2) that specifically identifies: (1) each statement alleged to have been false or

14

misleading, (2) the reason(s) the statement was false or misleading when made, and (3) if an

15

allegation regarding the statement or omission is made on information and belief, all facts on

16

which the belief is formed.
The chart should clearly identify which statements or omissions are attributable to which

17
18

defendants, and include a detailed statement of the facts giving rise to a strong inference that each

19

defendant acted with the required state of mind.
Plaintiffs should also summarize their allegations regarding what each defendant knew

20
21

with regard to the statement or omission, and when each knew it.
For the guidance of Lead Plaintiffs, the Court suggests the format on the following page:

22
23

//

24

//

25

//

26

//

27

//

28

1

Statement The Speaker(s),

False and

Reasons Why

Facts Giving Rise to a

2

No.

Date(s), and

Misleading

Statements Were

Strong Inference of

Medium

Statements

False and

Scienter

3
4

Misleading When

5

Made

6
7

1

When:

[This column

[This column

[This column should

xx/xx/xxxx

should contain

should summarize

summarize plaintiffs’

direct quotations of

plaintiffs’

arguments on scienter,

Where: Press

the allegedly false

arguments on

with specific

release dated

and misleading

falsity, with

paragraph references

xx/xx/xxxx

statements.]

specific paragraph

to the complaint.]

8
9
10

United States District Court
Northern District of California

11
12
13

references to the
Speakers: CEO

complaint.]

14
15

(Compl. ¶ __)

16
17
18

Lead Plaintiffs are to submit this chart at the hearing on September 30, 2015. The chart

19

must strictly adhere to the allegations in the consolidated class action complaint and cannot

20

include any new or supplemental information or explanation.

21
22
23

IT IS SO ORDERED.
Dated: September 22, 2015

24
________________________
JAMES DONATO
United States District Judge

25
26
27
28
2