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RESH v. CHINA AGRITECH, INC.

No. 15-55432.

857 F.3d 994 (2017)

Michael H. RESH, On Behalf of Himself and All Others Similarly Situated; William Schoenke; Heroca Holding, B.V.; Ninella Beheer, B.V., Plaintiffs-Appellants, v. CHINA AGRITECH, INC.; Yu Chang, Company's CEO, President, Secretary, and Chairman of the Board; Yau-Sing Tang, aka Gareth Tang, Company's Chief Financial Officer; Gene Michael Bennett, Director of CAGC; Xiao Rong Teng, Director of CAGC; Ming Fang Zhu; Lun Zhang DaI, Director of CAGC; Charles Law, aka Charles C. Law, aka Charles Chien-Lee Law, aka Charles Chien-Lee Loh, aka Chien-Lee C. Loh, Director of CAGC; Zheng Wang, Director of CAGC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2017.

Attorney(s) appearing for the Case

Matthew M. Guiney (argued), Wolf Haldenstein Adler Freeman & Herz LLP, New York, New York; Betsy C. Manifold , Francis M. Gregorek , Rachele R. Rickert , and Marisa C. Livesay , Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, California; David A.P. Brower , Brower Piven , New York, New York; for Plaintiffs-Appellants.

Seth Aronson (argued), Brittany Rogers , and Michelle C. Leu , O'Melveny & Myers LLP, Los Angeles, California; Abby F. Rudzin , O'Melveny & Myers LLP, New York, New York; for Defendants-Appellees.

Before: Stephen Reinhardt, William A. Fletcher, and Richard A. Paez, Circuit Judges.

OPINION

Plaintiffs bring a would-be class action alleging that China Agritech, Inc. ("China Agritech") and its managers and directors violated the Securities Exchange Act of 1934 ("Exchange Act"). Plaintiffs were unnamed plaintiffs in two earlier would-be class actions against many of the same defendants based...

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