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IN RE eBAY, INC., DERIVATIVE LITIGATION

Civ. No. 10-470-LPS.

IN RE: EBAY, INC., DERIVATIVE LITIGATION. This Document Relates to: ALL ACTIONS.

United States District Court, D. Delaware.

September 2, 2011.

Attorney(s) appearing for the Case

John V. Work , LAW OFFICES OF JOHN V. WORK P.A., Wilmington, DE; Kenneth J. Vianale , VIANALE & VIANALE LLP, Boca Raton, FL; Ronen Sarraf , Joseph Gentile , SARRAF GENTILE LLP, New York, NY, Attorneys for Plaintiff;

William M. Lafferty , Ryan D. Stottmann , Pauletta J. Brown , MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Wilmington, DE, Attorneys for Individual Defendants and nominal Defendant eBay;

Edward D. Hassi , New York, NY; Thomas P. Brown , San Francisco, CA, O'MELVENY & MYERS LLP, Attorneys for nominal Defendant eBay.

MEMORANDUM OPINION

LEONARD P. STARK, District Judge.

This shareholder securities lawsuit presents issues regarding federal antitrust laws and demand futility. Pending before the Court is the individual defendants' motion to dismiss the complaint for failure to state a claim on which relief may be granted. (D.I. 11; see also C. A. No. 10-471-LPS D.I. 8) For the reasons that follow, the Court will grant the motion.

I...

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