DAVE LUCIA V. MICHAEL MENDES, No. 12-16299 (9th Cir. 2014)

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FILED MAY 19 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: DIAMOND FOODS, INC. DERIVATIVE LITIGATION, No. 12-16299 D.C. Nos. 3:11-cv-05692-WHA 3:11-cv-06417-WHA DAVE LUCIA, derivatively on behalf of Diamond Foods, Inc., MEMORANDUM* Plaintiff - Appellant, v. MICHAEL J. MENDES; STEVEN M. NEIL; LAURENCE M. BAER; EDWARD A. BLECHSCHMIDT; JOHN J. GILBERT; ROBERT M. LEA; GLEN C. WARREN, Jr.; RICHARD G. WOLFORD; ROBERT J. ZOLLARS; ESTATE OF JOSEPH P. SILVEIRA; DENNIS MUSSELL; DELOITTE & TOUCHE LLP, Defendants - Appellees. Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Argued and Submitted May 12, 2014 San Francisco, California Before: D.W. NELSON, McKEOWN, and M. SMITH, Circuit Judges. Dave Lucia appeals from the district court s judgment dismissing this shareholder derivative suit for lack of subject matter jurisdiction and denying leave to amend the First Amended Complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 and adopt the well-reasoned decision of the district court. The parties requests for judicial notice are granted. AFFIRMED. 2

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