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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