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IN RE CRAY INC.

No. C05-1016Z.

431 F.Supp.2d 1114 (2006)

In re CRAY INC. Derivative Litigation. This document relates to All Actions.

United States District Court, W.D. Washington, at Seattle.

April 28, 2006.

Attorney(s) appearing for the Case

Adam R. Gonnelli, Nadeem Faruqi, Faruqi & Faruqi, New York City, Clifford A. Cantor, Sammamish, WA, John G. Emerson. Emerson Poynter, Seattle, WA, Stuart W. Emmons, W. Todd Ver Weire, William B. Federman, Federman & Sherwood, Oklahoma City, OK, for Plaintiffs.

Alfred Arthur Day, Stoel Rives (WA), Christian N. Oldham, Rudy Albert Englund, Brian J. Meenaghan, Lane Powell PC (SEA), Seattle, WA, Lois Omenn Rosenbaum, Stoel Rives, Portland, OR, for Defendants.

ORDER

ZILLY, District Judge.

This matter comes before the Court on motions to dismiss by nominal Defendant Cray Incorporated ("Cray") pursuant to 12(b)(6) for failure to comply with the pre-litigation demand requirement in RCW 23B.07.400, docket no. 18, and by the Individual Defendants1 for failure to properly plead fraud pursuant to FED.R.CIV.P. 9(b) and failure to state claims upon which relief can be granted pursuant to FED...

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