No. 18-1129

Cadian Capital Management, LP, et al. v. Terry Klein, et al.

Lower Court: Second Circuit
Docketed: 2019-02-28
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: article-iii-jurisdiction circuit-split civil-procedure federal-rule-civil-procedure jurisdiction jurisdictional-standing mootness plaintiff-substitution rule-17-substitution rule-17(a)(3) rule-17a3 securities-exchange-act securities-exchange-act-1934 securities-exchange-act-of-1934 shareholder-action shareholder-derivative-action standing substitution
Key Terms:
WageAndHour JusticiabilityDoctri ClassAction
Latest Conference: N/A
Question Presented (AI Summary)

Whether a shareholder action under § 16(b) of the Securities Exchange Act of 1934 must be dismissed for lack of jurisdiction once the sole plaintiff has lost any financial interest in the outcome of the litigation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a shareholder action under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), must be dismissed for lack of jurisdiction once the sole plaintiff has lost any financial interest in the outcome of the litigation. 2. Whether a court must deny a request to substitute a new plaintiff for an original plaintiff under Federal Rule of Civil Procedure 17(a)(3) when there was no mistake in naming the original plaintiff. (ii)

Docket Entries

2019-03-26
Petition Dismissed - Rule 46.
2019-03-22
Agreement to dismiss the petition for a writ of certiorari under Rule 46 filed.
2019-03-13
Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2019.
2019-03-11
Motion to extend the time to file a response from April 1, 2019 to May 2, 2019, submitted to The Clerk.
2019-02-28
Petition for a writ of certiorari filed. (Response due April 1, 2019)

Attorneys

Cadian Capital Management, LP, et al.
Beth Susan BrinkmannCovington & Burling, Petitioner
Terry Klein and Qlik Technologies Inc.
Paul D. WexlerAttorney At Law, Respondent