Ingrao

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NICHOLAS R. INGRAO, Case No. 20-cv-02753-EMC

Plaintiff,

ORDER DENYING DEFENDANTS’

v. MOTION TO DISMISS

JEREMY STOPPELMAN, et al., Docket No. 19 Defendants.

12 13 Plaintiff Nicholas Ingrao has brought a derivative action on behalf of Yelp against Defendants Jeremy Stoppelman, Charles Baker, and Joseph R. Nachman claiming that they breached their fiduciary duty to Yelp, Inc. (“Yelp”). Mr. Ingrao filed the instant action after submitting a pre-suit demand to the board of directors (the “Board”) of Yelp, which refused to act on it. Pending before the Court is Defendants’ motion to dismiss Mr. Ingrao’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that he failed to plead facts with particularity demonstrating that the Board’s decision to defer consideration of Mr. Ingrao’s pre-suit demand was wrongful. See Docket No. 19 (“Mot.”). For the following reasons, the motion is…