On July 23, 2008, United States District Judge Dale Kimball (D. Utah) dismissed with prejudice the shareholder class action suit filed in March of 2007 against the USANA Health Sciences, Inc. and certain of its officers and directors. Citing Tellabs, the court concluded that while “the inference of scienter [in this case could perhaps be] . . . reasonable or permissible . . . [it is not] cogent and compelling.”
The court added that the plaintiff has failed in her Second Amended Complaint to “‘nudge [her] claims across the line from conceivable to plausible.’”
A copy of the court’s order is available here.
