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AUSIKAITIS v. KIANI

Civ. No. 12-1175-SLR.

962 F.Supp.2d 661 (2013)

Joseph P. AUSIKAITIS, derivatively ON BEHALF OF MASIMO CORPORATION, Plaintiff, v. Joe KIANI, et al., Defendants, and Masimo Corporation, a Delaware Corporation, Nominal Defendant.

United States District Court, D. Delaware.

July 16, 2013.

Attorney(s) appearing for the Case

Brian E. Farnan, Esquire , and Michael J. Farnan , Esquire of Farnan LLP, Wilmington, Delaware. Counsel for Plaintiff. Of Counsel: Eduard Korsinsky, Esquire , and Steven J. Purcell, Esquire of Levi & Korsinsky LLP.

James L. Holzman, Esquire , and J. Clayton Athey, Esquire of Prickett, Jones & Elliott, P.A., Wilmington, Delaware. Counsel for Defendants. Of Counsel: William F. Sullivan, Esquire , and Peter M. Stone, Esquire of Paul Hastings LLP.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Shareholder Joseph P. Ausikaitis ("plaintiff") filed the instant suit on September 19, 2012 against eleven individuals ("defendants") who are executive officers ("officers") and/or members of the board of directors (the "Board") of Masimo Corporation ("Masimo"). Masimo is named as nominal defendant. Plaintiff brings derivative claims against defendants for alleged violations of...

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