Canty v. Christine McCormick Day et al
| Thomas Canty |
| William Glenn, Roann Costin, Robert Bensoussan, Michael Casey, Martha A.M. Morfitt, Sheree Waterson, John E. Currie, Dennis J. Wilson, Christine McCormick Day, Rhoda M. Pitcher, Thomas G. Stemberg, Jerry Stritzke and Emily White |
| 1:2013cv05629 |
| August 12, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Katherine Polk Failla |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
53
OPINION AND ORDER re: (43 in 1:13-cv-05629-KBF) MOTION for Joinder Hallandale Beach Police Officers And Firefighters' Personnel Retirement Fund's Motion for Leave to Join in Part The Laborers' District Council Construction Industry Pension Fund's Motion to Intervene and Memor filed by Hallandale Beach Police Officers And Firefighters' Personnel Retirement Fund, (21 in 1:13-cv-05629-KBF) MOTION to Dismiss the Verified Amended Shareholder Derivative Complaint fil ed by Michael Casey, Martha A.M. Morfitt, John E. Currie, Roann Costin, Robert Bensoussan, Sheree Waterson, Rhoda M. Pitcher, Christine McCormick Day, Dennis J. Wilson, Emily White, Lululemon Athletica, Inc., Jerry Stritzke, Thomas G. Stemberg, Willi am Glenn, (36 in 1:13-cv-05629-KBF) MOTION to Intervene filed by Laborers District Council Construction Industry Pension Fund, (22 in 1:13-cv-05977-KBF) MOTION to Dismiss the Verified Amended Shareholder Derivative Complaint filed by Christine McCormick Day, Martha A.M. Morfitt, Lululemon Athletica Inc., Michael Casey, Roann Costin, Robert Bensoussan, Sheree Waterson, Rhoda M. Pitcher, Emily White, Dennis J. Wilson, Jerry Stritzke, Thomas G. Stemberg, William Glenn, (37 in 1:13-cv-05977-K BF) MOTION to Intervene filed by Laborers District Counsel Construction Industry Pension Fund, (44 in 1:13-cv-05977-KBF) MOTION for Joinder Hallandale Beach Police Officers And Firefighters Personnel Retirement Funds Motion for Leave to Join in Pa rt The Laborers' District Council Construction Industry Pension Fund's Motion to Intervene and Memorandum in Sup filed by Hallandale Beach Police Officers And Firefighters Personnel Retirement Fund. For the reasons set forth above, defendants' motion to dismiss the Amended Complaint pursuant to Rule 23.1 is GRANTED, because plaintiffs have failed to adequately allege particularized facts showing demand on lululemon's Board of Directors was excused. Th e Court thus DISMISSES the complaint without prejudice, in the event plaintiffs seek to pursue these claims after making a demand on the Board. Accordingly, the pending motions to intervene by the Laborers' District Council Construction Industr y Pension Fund and the Hallandale Beach Police Officers and Firefighters' Personnel Retirement Fund are DENIED as moot. The Clerk of Court is directed to close the motions at ECF Nos. 21, 36, and 43 in 13 Civ. 5629, and ECF Nos. 22, 37, and 44 in 13 Civ. 5977. The Clerk of Court is also directed to close both actions. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/9/2014) (ajs)
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