  CORPORATION, CANACCORD  GENUITY INC., and FBR CAPITAL  MARKETS & CO.,   Defendants.   Case No.:  30.  The Company purportedly provides diagnostics tailored to specific  molecular profiles of patient tissues, integrating the molecular data with real-time  biometric signal and phenotypic data to track patient outcomes and deliver precision  medicine.  The Company claims that it possesses a comprehensive set of advanced  molecular diagnostics and decision support solutions that enable evidence-based  clinical practice, including GPS Cancer.  GPS Cancer purportedly enables diagnosis  at the molecular level by measuring the whole genome and proteome of a patient— thereby potentially predicting the patient’s response and resistance to particular  therapeutics.   43.  Plaintiff brings this action as a class action pursuant to Federal Rule of  Civil Procedure 23(a) and (b)(3) on behalf of a class, consisting of all those who  purchased or otherwise acquired NantHealth securities: (1) pursuant and/or traceable  to the Company’s Registration Statement issued in connection with the Company’s  IPO on or about June 1, 2016, seeking to pursue remedies under the Securities Act;  and/or (2) between June 1, 2016, and March 6, 2017, inclusive, seeking to pursue  remedies under the Exchange Act; and were damaged thereby (collectively, the  “Class”).  Excluded from the Class are Defendants, the officers and directors of the  Company, at all relevant times, members of their immediate families and their legal  representatives, heirs, successors or assigns and any entity in which Defendants  have or had a controlling interest.   49.  The market for NantHealth’s securities was open, well-developed and  efficient at all relevant times.  As a result of these materially false and/or misleading  statements, and/or failures to disclose, NantHealth’s securities traded at artificially  inflated prices during the Class Period.  Plaintiff and other members of the Class  purchased or otherwise acquired NantHealth’s securities relying upon the integrity  of the market price of the Company’s securities and market information relating to  NantHealth, and have been damaged thereby.   54.  As alleged herein, Defendants acted with scienter in that Defendants  knew that the public documents and statements issued or disseminated in the name  of the Company were materially false and/or misleading; knew that such statements  or documents would be issued or disseminated to the investing public; and  knowingly and substantially participated or acquiesced in the issuance or  dissemination of such statements or documents as primary violations of the federal  securities laws.  As set forth elsewhere herein in detail, Defendants, by virtue of  their receipt of information reflecting the true facts regarding NantHealth, his/her  control over, and/or receipt and/or modification of NantHealth’s allegedly materially  misleading misstatements and/or their associations with the Company which made  them privy to confidential proprietary information concerning NantHealth,  participated in the fraudulent scheme alleged herein.   61.  Plaintiff repeats and realleges each and every allegation contained  above as if fully set forth herein, except any allegation of fraud, recklessness or  intentional misconduct.     62.  This Count is brought pursuant to Section 11 of the Securities Act, 15  U.S.C. § 77k, on behalf of the Class, against the Section 11 Defendants.    63.  The Registration Statement for the IPO was inaccurate and misleading,  contained untrue statements of material facts, omitted to state other facts necessary  to make the statements made not misleading, and omitted to state material facts  required to be stated therein.    70.  Plaintiff repeats and realleges each and every allegation contained  above as if fully set forth herein, except any allegation of fraud, recklessness or  intentional misconduct.    75.  Plaintiff repeats and realleges each and every allegation contained  above as if fully set forth herein.    Background   Violation of Section 15 of The Securities Act   (Against the Section 11 Individual Defendants)    Violation of Section 11 of The Securities Act   (Against the Section 11 Defendants)   Violation of Section 10(b) of The Exchange Act and   Rule 10b-5 Promulgated Thereunder  (Against the Company and the Individual Defendants)  