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KING v. BALDINO

Civil Action No. 08-54-GMS-MPT.

648 F.Supp.2d 609 (2009)

Jerald KING, Plaintiff, v. Frank BALDINO, Jr., et al., Defendants.

United States District Court, D. Delaware.

August 26, 2009.

Attorney(s) appearing for the Case

Brian D. Long, Seth D. Rigrodsky, Rigrodsky & Long, P.A., Wilmington, DE, David C. Katz, Pro Hac Vice, Joseph H. Weiss, Pro Hac Vice, for Plaintiff.

Daniel M. Silver, McCarter & English, LLP, Wilmington, DE, for Defendants.

MEMORANDUM ORDER

MARY PAT THYNGE, United States Magistrate Judge.

INTRODUCTION

This is a stockholder derivative suit. On January 25, 2008, Jerald King ("plaintiff") brought this action on behalf of nominal defendant Cephalon, Inc. ("Cephalon" or "the Company"). Cephalon has an eight member board of directors ("the Cephalon Board" or "the Board"). Defendant Dr. Frank Baldino, Jr., ("Baldino") is Cephalon's CEO and Chairman of the Cephalon...

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