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IN RE MERSHO

No. 20-73819.

6 F.4th 891 (2021)

IN RE George MERSHO; Vincent Chau; Stanley Karczynski. George Mersho; Vincent Chau; Stanley Karczynski, as The Nikola Investor Group II, Petitioners, v. United States District Court for the District of Arizona, Phoenix, Respondent. Nikola Corporation; Steve Girsky; Steve Shindler; Mark Russell; Kim J. Brady; Trevor R. Milton; Angelo Baio; Dennis J. Stacy, Sr.; T3 Trading Group; Mahjabin Dinyarian; Albert Holzmacher; Michael Wood; Tate Wood; Joseph Roe; Patrick Brostowin; Nayankumar Patel; Shahab Sandhu; Nikola Investor Group, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2021.

Attorney(s) appearing for the Case

Jeffrey C. Block (argued), Jacob A. Walker , and Michael Gaines , Block & Leviton LLP, Boston, Massachusetts; Jeremy A. Lieberman and J. Alexander Hood II , Pomerantz LLP, New York, New York; for Petitioners.

Robert K. Kry (argued), MoloLamken LLP, Washington, D.C.; Laurence M. Rosen and Phillip Kim , The Rosen Law Firm P.A., New York, New York; for Real Parties in Interest.

Before: Milan D. Smith, Jr. and Lawrence VanDyke, Circuit Judges, and Andrew P. Gordon, District Judge.

OPINION

George Mersho, Vincent Chau, and Stanley Karczynski petition for a writ of mandamus to vacate the district court order that declined to appoint their group as lead plaintiff. They also request that the writ instruct the district court to appoint their group as lead plaintiff instead and to clarify that a...

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