internal Company documents. (AC ¶¶ 13-14; Pits’ Oppo. at 11-12.) Plaintiffs further contend that the misstatements, omissions, and accounting improprieties were material. (AC ¶¶ 13-14; Pits’ Oppo. at 11-12.) Plaintiffs’ arguments and allegations are conclusory and insufficient under Ninth Circuit law. Published decisions in the Ninth Circuit hold that a complaint does not adequately plead scienter by claiming that key officers knew the true facts by virtue of their “hands-on” positions and involvement in the day-today management of the company. In re Splash Tech. Holdings, Inc. Sec. Litig., 160 F.Supp.2d 1059, 1080-81 (N.D.Cal.2001); In re Autodesk, Inc. Sec. Litig., 132 F.Supp.2d 833, 843-44 (N.D.Cal.2000); see In re Read-Rite Corp. Sec. Litig., 115 F.Supp.2d 1181, 1185 (N.D.Cal.2000) (<HOLDING>) (emphasis in original). For example, in In re
recognizing sleeping as major life activity holding that reproduction is not a major life activity holding that on a motion for summary judgment the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient and there must be evidence on which the jury could reasonably find for the plaintiff holding that major participation in a felony combined with reckless indifference to human life is sufficient to satisfy the culpability requirement for a sentence of death when that conduct causes its natural lethal result holding that one reasonably could infer that persons with the defendants respective job titles would be aware of major developments concerning a key customers refusal to implement a major product line however under current law the mere existence of a reasonable inference does not satisfy the reform acts requirement of a strong implication