Krieger

ORDER STAYING STATE LAW CLAIMS; DENYING MOTION FOR PRELIMINARY INJUNCTION

This case is before the Court on Plaintiffs motion for preliminary injunction to enjoin a shareholder vote currently scheduled for March 7, 2011. In their opposition papers, Defendants Qualcomm Incorporated and T Merger Sub, Inc. asked the Court to stay this matter in deference to similar proceedings currently underway in the Delaware Court of Chancery. The Court heard oral argument on March 3, 2011. Having considered the submissions and arguments of the parties, the Court finds it appropriate to stay Plaintiffs state-law class action claims pursuant to the Colorado River doctrine. Because Plaintiffs motion for preliminary injunction relies on the merits of the stayed state-law claims and does not address Plaintiffs individual federal claims, the Court denies Plaintiffs motion for preliminary injunction.

I. Background

This action arises out of the proposed merger of Atheros Communications, Inc. (“Atheros”) and Qualcomm Incorporated (“Qualcomm”). Atheros, a Delaware corporation headquartered in California, is a leading provider of innovative technologies for wireless and wired communications products.…