MERCER v. GUPTA

Docket No. 12-3393.

712 F.3d 756 (2013)

James MERCER, Plaintiff-Appellant, v. Rajat K. GUPTA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 5, 2013.


Attorney(s) appearing for the Case

Jeffrey Iver Tilden , Gordon Tilden Thomas & Cordell LLP, Seattle, WA ( Mark A. Wilner , Gordon Tilden Thomas & Cordell, LLP, Davis Steven Preminger , Iran S. Birk , Keller Rohrback LLP, New York, NY, on the brief), for Plaintiff-Appellant.

Gary P. Naftalis , Kramer Levin Naftalis & Frankel LLP, New York, NY ( Michael S. Oberman , Alan Roy Friedman , on the brief), for Defendant-Appellee.

Before: WINTER, POOLER, and CHIN, Circuit Judges.


PER CURIAM:

Plaintiff-Appellant James Mercer ("Plaintiff") appeals from a December 23, 2011 order, July 28, 2012 memorandum order, and July 31, 2012 judgment of the district court (Rakoff, J.), which granted Defendant-Appellee Rajat K. Gupta's ("Defendant") motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff had brought a derivative suit on behalf of the Goldman Sachs Group, Inc. ("Goldman Sachs") under Section 16(b) of the Securities Exchange Act...

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