as indicated by the emails. At the very least, it is a question for the jury. Id. at 634. Similarly, the fact that CSFB continued to publish bullish projections and include optimistic assessments of AOI/s financial position is akin to a statement that the reader need not worry much about the generic risk disclosures that appeared from time to time. 18 . Market efficiency is not, however, an appropriate inquiry for a motion to dismiss. See, e.g., DeMarco, 318 F.Supp.2d at 120-21. 19 . The applicability of the presumption has been viewed differently by courts, depending on whether a case is at the motion to dismiss stage or class certification stage, because Fed. R.Civ.P. 23(a) requires more of plaintiff than is necessary to surpass 12(b)(6). Cf. DeMarco, 309 F.Supp.2d at 635-36 (<HOLDING>); DeMarco, 222 F.R.D. at 247 (Requiring
recognizing presumption holding that presumption is applicable in motion to dismiss context holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue holding that party sought affirmative relief by filing motion to dismiss and violated dueorderofhearing requirement by having motion to dismiss and motion to reconsider dismissal heard before special appearance holding that the penalty is applicable