Smalley et al v. El-Khoury et al
| George Smalley and Barbara Smalley |
| Hassane El-Khoury, Alan Campbell, Atsushi Abe, Paul A. Mascarenas, Christine Yan, Thomas L. Deitrich, Susan K. Carter, Gregory Waters, Bruce E. Kiddoo, Christina Lampeonnerud, Thad Trent, Simon Keeton and ON Semiconductor Corporation |
| 1:2024cv00183 |
| February 12, 2024 |
| U.S. District Court for the District of Delaware |
| Jennifer L Hall |
| Stockholders Suits |
| Plaintiff |
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Filing 4
ORAL ORDER: WHEREAS, the Complaint purports to assert a derivative federal securities claim under Sections 10(b) and 21D of the Exchange Act as well as a number of state law claims; WHEREAS, the Complaint alleges that this Court has original jurisdiction over the federal claim and supplemental jurisdiction over the state law claims; WHEREAS, the Court has reviewed the Complaint and has serious concerns about whether it states a ripe federal claim; WHEREAS, in accordance with binding Third Circuit precedent, the Court would likely decline to exercise jurisdiction over the state law claims if the federal claim is dismissed, see, e.g., Stone v. Martin, 720 F. App'x 132, 136 (3d Cir. 2017); WHEREAS, counsel for Plaintiffs in this action and a related action have filed a stipulation (No. 24-7, D.I. 16; No. 24-183, D.I. 3) asking the Court to consolidate the two actions and any future related derivative actions, to appoint them as co-lead counsel, and to then stay the cases; WHEREAS, the Court does not believe that the proposed course of action is appropriate under these circumstances; NOW, THEREFORE, IT IS ORDERED that the proposed Stipulation to Consolidate Related Derivative Actions, to Appoint Co-Lead Counsel and Liaison Counsel, and to Stay the Consolidated Action (No. 24-7, D.I. 16; No. 24-183, D.I. 3) is REJECTED. IT IS FURTHER ORDERED that, on or before April 15, 2024, Plaintiff(s) must SHOW CAUSE why this case should not be dismissed for either (1) failure to state a ripe claim over which the Court has original jurisdiction or (2) failure to indicate on the civil cover sheet filed with the Complaint that this case is related to 23-1429-GBW, as required by Local Rule 3.1(b). Ordered by Judge Jennifer L. Hall on 4/1/2024. Associated Cases: 1:24-cv-00007-JLH, 1:24-cv-00183-JLH(twk)
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| Filing 3 STIPULATION to Consolidate Related Derivative Actions, to Appoint Co-Lead Counsel and Liaison Counsel, and to Stay the Consolidated Action by Barbara Smalley, George Smalley. (Rigrodsky, Seth) |
| Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Filing 1 COMPLAINT filed with Jury Demand against Atsushi Abe, Alan Campbell, Susan K. Carter, Thomas L. Deitrich, Hassane El-Khoury, Simon Keeton, Bruce E. Kiddoo, Christina Lampeonnerud, Paul A. Mascarenas, Thad Trent, Gregory Waters, Christine Yan ( Filing fee $ 405, receipt number ADEDC-4336438.) - filed by Barbara Smalley, George Smalley. (Attachments: #1 Verification, #2 Civil Cover Sheet)(apk) |
| No Summons Issued. (apk) |
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