Opinion

Alaska Electrical Pension Fund v. Adecco SA

  • 256 F. App'x 74
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 20, 2007
Status
Published
On the bench
Block, Farris, Paez
Cited by
1 cases
Authority
More cited than 44.9%

The opinion

MEMORANDUM **

1. The theory underlying plaintiffs’ § 10(b) claims is that various statements *75 attributable to defendants regarding Adecco’s financial health were fraudulent because defendants knew that millions of dollars in accounts receivable were uncollectible and not adequately accounted for in Adecco’s bad-debt reserves. Reviewing the Consolidated Amended Complaint (“CAC”) de novo, see Gompper v. VISX, Inc., 298 F.3d 893, 895 (9th Cir.2002), and considering it “holistically,” Tellabs, Inc. v. Makor Issues & Rights, Ltd., — U.S. -, 127 S.Ct. 2499, 2511 , 168 L.Ed.2d 179 (2007), we conclude that plaintiffs’ allegations of falsity and scienter are insufficient to satisfy the heightened pleading standards of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4(b). More specifically, we agree with the District Court’s well-reasoned conclusion that the CAC does not allege sufficient facts to support the requisite strong inference that defendants knew, prior to writing off millions of accounts receivable in 2003 and 2004, that the receivables were uncollectible and not accounted for in existing bad-debt reserves.

2. Since the District Court correctly dismissed plaintiffs’ § 10(b) claims, it did not err in also dismissing plaintiffs’ § 20(a) claims. See Howard v. Everex Sys., Inc., 228 F.3d 1057, 1065 (9th Cir.2000) (“In order to prove a prima facie case under § 20(a), plaintiff must prove: (1) a primary violation of federal securities laws ...; and (2) that the defendant exercised actual power or control over the primary violator....”).

3. The District Court did not abuse its discretion in denying leave to amend. Its order dismissing the original complaint without prejudice identified the key pleading deficiencies in plaintiffs’ claims. Neither the CAC nor the further amendments plaintiffs propose on appeal correct those deficiencies.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.