Klein v. Cadian Capital Management, LP et al
| Terry Klein |
| Cadian Capital Management, LP, Cadian Fund LP, Cadian Master Fund LP, Cadian GP, LLC, Cadian Capital Management GP, LLC, Eric Bannasch and Qlik Technologies Inc. |
| 1:2015cv08140 |
| October 15, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
51
OPINION AND ORDER re: 37 MOTION to Substitute Party. Old Party: Terry Klein, New Party: Qlik Technologies Inc. filed by Terry Klein, 31 MOTION to Dismiss: Terry Klein ("Klein" or "Plaintiff") brings this action pu rsuant to Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) ("Section 16(b)"), on behalf of nominal defendant Qlik Technologies, Inc. ("Qlik"), seeking disgorgement of so-called "short-swing" profits by defendants Cadian Capital Management, LP ("CCM"), and its client funds, related entities, and founder (together, "Cadian"). Pending before the Court is Cadian's motion pursuant to Federal Rule of Civil Procedure 12 (b)(1) to dismiss the Complaint for lack of subject matter jurisdiction, Doc. 31, and Plaintiff's cross-motion to allow Qlik to be substituted as a plaintiff under Federal Rules of Civil Procedure 17(a)(3) and 25(c), Doc. 37. For the reasons sta ted above, Cadian's motion to dismiss the Complaint is GRANTED and Klein's motion to substitute Qlik is DENIED. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 31 and 37, and close the case. (Signed by Judge Edgardo Ramos on 9/14/2017) (jwh)
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