UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

RETAIL WHOLESALE & No. 14-16433 DEPARTMENT STORE UNION LOCAL 338 RETIREMENT D.C. No. FUND, 3:12–cv–04115–JST Plaintiff-Appellant,

v. OPINION

HEWLETT-PACKARD CO. and MARK A. HURD, Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Argued and Submitted July 7, 2016 San Francisco, California

Filed January 19, 2017

Before: Marsha S. Berzon and N. Randy Smith, Circuit Judges and Dana L. Christensen,* Chief District Judge.

Opinion by Chief Judge Christensen

* The Honorable Dana L. Christensen, Chief District Judge for the U.S. District Court for the District of Montana, sitting by designation. 2 RETAIL WHOLESALE V. HEWLETT-PACKARD

SUMMARY**

Securities Fraud

The panel affirmed the district cour