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IN RE NUTRISYSTEM, INC. DERIVATIVE LITIGATION

Civil Action No. 07-4565.

666 F.Supp.2d 501 (2009)

In re NUTRISYSTEM, INC. DERIVATIVE LITIGATION. This document relates to: All Actions.

United States District Court, E.D. Pennsylvania.

October 26, 2009.

Attorney(s) appearing for the Case

Craig W. Smith, George C. Aguilar, Robbins Umeda & Fink LLP, San Diego, CA, for James Fetzner.

Marc J. Sonnenfeld, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Michael J. Hagan, Thomas F. Connerty, James D. Brown, Bruce Blair, Ian J. Berg, Michael A. DiPiano, Warren V. Musser, Robert F. Bernstock.

Karen Pieslak Pohlmann, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Michael J. Hagan, Thomas F. Connerty, James D. Brown, Bruce Blair, Ian J. Berg, Brian P. Tierney, Michael A. DiPiano, Warren V. Musser, Stephen T. Zarilli, Robert F. Bernstock.

MEMORANDUM

McLAUGHLIN, District Judge.

This is a derivative action involving NutriSystem, Inc. ("NutriSystem"), a publicly-traded company that sells weight management products. NutriSystem's share price fell markedly on October 3, 2007, when the company announced a lowered earnings forecast as a result of competition from Alli, an over-the-counter anti-obesity drug produced by GlaxoSmithKline ("GSK") and released in June 2007. Several lawsuits were...

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