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IN RE INTEL CORP. DERIVATIVE LITIGATION

Civil Action No. 08-93-JJF.

621 F.Supp.2d 165 (2009)

In re: INTEL CORPORATION DERIVATIVE LITIGATION.

United States District Court, D. Delaware.

June 4, 2009.

Attorney(s) appearing for the Case

Joseph H. Weiss, Esquire; David C. Katz, Esquire; Moshe Balsam, Esquire and Ilya Nuzov, Esquire of Weiss & Lurie, Jules, Brody, Esquire of Stull, Stull & Brody, New York, NY, Seth D. Rigrodsky, Esquire and Brian D. Long, Esquire of Rigrodsky & Long, Wilmington, DE, for Plaintiff.

Jonathan C. Dickey, Esquire and Marshall R. King, Esquire of Gibson, Dunn & Crutcher LLP, New York, NY, Donald J. Wolfe, Jr., Esquire and Stephen C. Norman, Esquire of Potter Anderson & Corroon LLP, Wilmington, DE, for Defendants.

OPINION

FARNAN, District Judge.

Presently before the Court is Defendant's Motion To Dismiss The Amended Consolidated Complaint Or, In The Alternative, Stay This Action. (D.I. 21.) For the reasons discussed, the Court will grant Defendant's Motion to the extent it seeks dismissal with prejudice of Plaintiff's Amended Complaint (D.I. 15) for failure to adequately plead demand futility pursuant to Rule 23.1 of the Federal Rules of Civil Procedure.

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