Sanjay Israni v. Robert Bittman

MEMORANDUM *

Appellant Sanjay Israni, stockholder of International Game Technology (IGT), appeals the dismissal of his derivative complaint for failure to allege particularized facts establishing demand futility. We affirm.

As a preliminary matter, we address Appellees’ motion to strike Appellant’s Additional Excerpts of Record. The motion to strike is granted because Appellant never filed or submitted the relevant documents to the court below. See Fed.RApp. P. 10(a); Kirshner v. Uniden Corp. of Am., 842 F.2d 1074, 1077 (9th Cir.1988).

A shareholder bringing a derivative action to enforce a…