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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