Wayne County Employees Retirement System v. Mavenir, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

WAYNE COUNTY EMPLOYEES’)

RETIREMENT SYSTEM, )

Individually and On Behalf of All )

Others Similarly Situated, ) )

Plaintiff, ) )

Vv. ) Civ. No. 18-1229-CFC )

MAVENIR, INC., F/K/A XURA, )

INC., PHILLIPE TARTAVULL, )

HENRY R. NOTHHAFT, SUSAN D. )

BOWICK, JAMES BUDGE, )

NICCOLO DE MASI, MATTHEW _)

A. DRAPKIN, DORON INBAR and_)

MARK C. TERRELL, ) )

Defendants. )

ORDER

WHEREAS, the Magistrate Judge issued a Report and Recommendation, D.I. 79;

WHEREAS, the Magistrate Judge recommended in the Report and Recommendation that the Court grant Defendants’ motions to dismiss without prejudice, D.I. 79 at 22;

WHEREAS, the Magistrate Judge had the authority to make her recommendation under 28 U.S.C. § 636(b)(1)(B) and this Court reviews her recommendations de novo, § 636(b)(1); see also Fed. R. Civ. P. 72(b)(3); Brown v. Astrue, 649 F.3d 193, 195 (3d Cir. 2011);

WHEREAS, Plaintiffs filed objections to the Report and Recommendation (D.I. 83);

WHEREAS, the Court has reviewed the Report and Recommendation, Plaintiffs’ objections, Defendants’ response (D.I. 85), and the briefing filed in support of and opposition to the motions to dismiss; WHEREAS, the Court concludes that the Magistrate Judge’s Report and Recommendation should be adopted for the reasons stated by the Magistrate Judge in her Report and Recommendation; and

WHEREAS, Plaintiffs can file a further amended complaint; NOW THEREFORE, at Wilmington this Twenty-fifth day of March in 2021, IT IS HEREBY ORDERED that

1. The Magistrate Judge’s Report and Recommendation (D.I. 79) is ADOPTED;

2. Plaintiffs’ Objections (D.I. 83) are OVERRULED; 3. Defendants’ motions to dismiss (D.I. 65; D.I. 67) are GRANTED; 4. The Amended Complaint (D.I. 60) is DISMISSED without prejudice; and

5. Plaintiffs shall file a further amended complaint no later than April 30, 2021.

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