Ha v. Caldwell et al

Filing 27

ORDER by Judge Yvonne Gonzalez Rogers denying as moot 20 Motion to Dismiss. The hearing set for February 27, 2018 is VACATED. (fs, COURT STAFF) (Filed on 2/9/2018)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

JAKE HA,
Plaintiff,

7

ORDER DENYING MOTION TO DISMISS AS
MOOT

vs.

8
9

CASE NO. 15-cv-04485-YGR

JOHN E. CALDWELL, ET AL.,

Re: Dkt. No. 20

Defendants.

10

United States District Court
Northern District of California

11
On December 21, 2017, nominal defendant Advanced Micro Devices and defendants W.

12
13

Michael Barnes, Richard A. Bergman, John E. Caldwell, Henry WK Chow, Bruce L. Claflin, Nora

14

M. Denzel, Nicholas M. Donofrio, Martin L. Edelman, John R. Harding, Joseph A. Householder,

15

Michael J. Inglis, Rory P. Read, Thomas J. Seifert, Lisa T. Su, and Ahmed Yahia (collectively,

16

“defendants”) filed a Motion to Dismiss the Verified Shareholder Derivative Complaints of

17

Christopher Hamilton and David Hamilton (the “Hamilton Complaint”) and plaintiff Jake Ha (the

18

“Ha Complaint”) with prejudice pursuant to Federal Rules of Civil Procedure 12(b)(6) and 23.1.

19

(Dkt. No. 20 (“Motion to Dismiss”).) 1
On February 2, 2018, plaintiff Jake Ha filed a Verified Amended Shareholder Derivative

20
21

Complaint (Dkt. No. 25 (“Amended Complaint”).) In light of the filing of the Amended

22

Complaint, the Motion to Dismiss is DENIED AS MOOT with respect to the Ha Complaint.2 The

23

hearing set for February 27, 2018 with respect to the same is VACATED.

24

\\

25

\\

26
1

27
28

The same Motion to Dismiss was filed in civil action 15-cv-01890-YGR (“Hamilton”).
(See Dkt. No. 38.)
2

The corresponding request for judicial notice (Dkt. No. 22) is also DENIED AS MOOT.

1

This Order terminates Docket Number 20.

2

IT IS SO ORDERED.

3

Dated: February 9, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2