York County on Behalf of the County of York Retirement Fund v. HP Inc.

• Court: District Court, N.D. California
• Decided: February 27, 2024
• Docket: 4:20-cv-07835
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 YORK COUNTY ON BEHALF OF THE Case No. 20-cv-07835-JSW COUNTY OF YORK RETIREMENT 8 FUND, ORDER REQUIRING ADDITIONAL 9 Plaintiff, BRIEFING RE HABELT V. IRHYTHM TECHNOLOGIES, INC., 83 F.4TH 1162 10 v. (9TH CIR. 2023)

11 HP INC., et al., Re: Dkt. No. 76

Defendants. 12 13 14 Defendants HP, Inc., Dion Weisler, Catherine Lesjak, Enrique Lores, and Richard Bailey 15 filed a renewed motion to dismiss the Complaint in this action, which remains pending before the 16 Court. On October 12, 2023, Defendants filed a Statement of Recent Decision alerting the Court 17 to the Ninth Circuit’s ruling in Habelt v. iRhythm Technologies, Inc., 83 F.4th 1162 (2023), 18 decided after briefing on the renewed motion was completed. Lead Plaintiff Maryland Electrical 19 Industry Pension Fund has not had an opportunity to respond. 20 In Habelt, the Ninth Circuit appears to announce a new rule that a plaintiff who files the 21 initial complaint in a securities putative class action is extinguished as a party if, after a different 22 plaintiff is selected as lead under the PSLRA, the plaintiff’s particular claims are not referenced in 23 the operative complaint. 83 F.4th at 1166; see id. at 1169 (“[T]he majority appears to create a new 24 rule that a litigant’s name must be specifically listed in the body of the operative complaint to be 25 considered a party, regardless of the history of the litigation.”) (Bennett, J., dissenting). 26 Here, one of the issues raised by Defendants’ motion is whether York County, the initial 27 plaintiff, remains a party to the action. Accordingly, the Court ORDERS supplemental briefing ] The parties should address whether the Court’s interpretation of Habelt set forth above is correct 2 || and whether Habe/t mandates a finding that York County’s party status has been extinguished. 3 The parties shall submit their briefs, no more than seven (7) pages each, by 5:00 p.m. on 4 || Friday, March 8, 2024. Unless the Court determines further briefing is necessary, opposition or 5 || reply briefs will not be permitted. 6 IT ISSO ORDERED. a) 7 || Dated: February 27, 2024 i } / f J Y S.|WHITE ? (United /Stdtes Distfict Judge 10 {/ i Lv 1] as 12

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