In Re Sagent Technology, Inc., Derivative Litig.

ORDER RE MOTIONS TO DISMISS

HAMILTON, District Judge.

Before the court are defendants’ motions to dismiss the consolidated shareholder derivative complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and alternative motions to stay the action in favor of an action presently pending in the Superior Court of California, County of Santa Clara. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows.

INTRODUCTION

This is a shareholders’ derivative…