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FARES v. LANKAU

Civ. No. 12-1381-SLR.

JIM FARES, Plaintiff, v. PETER LANKAU, et al., Defendants.

United States District Court, D. Delaware.

June 17, 2014.

Attorney(s) appearing for the Case

Jim Fares, Plaintiff, represented by Seth D. Rigrodsky , Rigrodsky & Long, P.A., Brian D. Long , Roda & Nast, P.C. & Gina M. Serra , Rigrodsky & Long, P.A..

Peter Lankau, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Douglas Karp, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Eric Liebler, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

William Maichle, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Neil Milano, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Geoffrey Raker, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Frank Sica, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Zubeen Shroff, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

David Azad, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

John Groom, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Galen Partners V LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Galen Partners International V LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Tailwind Capital Partners LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Tailwind Holdings (Cayman) LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Tailwind Management LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Tailwind Capital Partners (AI) LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Tailwind Capital Partners (PP) LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

Tailwind Capital Partners (ERISA) LP, Defendant, represented by Dominick T. Gattuso , Proctor Heyman LLP.

MEMORANDUM

SUE F. ROBINSON, District Judge.

At Wilmington this 17th day of June, 2014 having reviewed the remaining grounds for dismissal presented in defendants' motion to dismiss for failure to state a claim (D. I. 16; D. I. 28; D. I. 29), the papers filed in connection therewith, as well as the arguments presented by the parties, the court issues its decision based on the reasoning that follows:

1. Background. Plaintiff Jim Fares...

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