R. Andre Klein v. Timothy D. Cook

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 R. ANDRE KLEIN, Case No. 14-cv-03634-EJD

Plaintiff, ORDER GRANTING MOTION TO

DISMISS WITH LEAVE TO AMEND

v.

TIMOTHY D. COOK, et al., Re: ECF No. 120 Defendants.

13 Plaintiff R. Andre Klein (“Plaintiff” or “Klein”) filed this derivative shareholder action on August 11, 2014, alleging claims on behalf of nominal defendant Apple Inc. for violations of Section 14(a) of the Securities and Exchange Act of 1934 (the “Exchange Act”); breach of fiduciary duty and aiding and abetting breach of fiduciary duty; gross mismanagement; waste of corporate assets; and breach of duty of honest services. ECF No. 1 (“Compl.”). Plaintiff’s claims are based on Apple’s alleged entry into anti-poaching agreements with other companies— generally, though not exclusively, in the technology industry—in the mid and late 2000s. Presently before the Court is defendants Timothy D. Cook, Millard Drexler, Arthur D. Levinson, 22…