Assigned to the Honorable Jeffrey R. Finigan LOREN SCOTT MAR,Individually and on Behalf of All Others Similarly Situated, Plaintiff, Vv.
1 2 3 4 5 6 7 8 9 The parties, through their undersigned counsel, stipulate as follows: WHEREAS, these securities class actions arise out of allegations that the offering materials issued in connection with the August 2021 transaction by which Illumina, Inc. (“Illumina”) acquired and merged with Grail, Inc. (the “Merger”) were materially false and misleading and omitted material facts required to be disclosed under governing SEC regulations; WHEREAS, on February 2, 2024, Plaintiff Loren Scott Mar filed a complaint in San Mateo Superior Court, Case No. 24-CIV-00585, asserting non-fraud, strict liability claims under Sections 11, 12, and 15 of the Securities Act of 1933 against Illumina, Inc., Francis A. deSouza, Sam A. Samad, Karen McGinnis, Jay T. Flatley, Frances Arnold, Ph.D., Caroline Dorsa, Robert S. Epstein, M.D., Scott Gottlieb, M.D., Gary S. Guthart, Ph.D., Philip W. Schiller, Susan E. Siegel, John W. Thompson, Hans E. Bishop, Scott M. Davies, Joydeep Goswami, Lightspeed Venture Partners, New Enterprise Associates, Inc., ARCH Venture Partners, ARCH Venture Fund IX Overage, L.P., ARCH Venture Partners IX, LLC, ARCH Venture Fund VIII, L.P., and ARCH Venture Partners VIII, LLC (Joint Declaration of Adam E. Polk and David W. Hall (“Joint Decl.”), ¶ 4); WHEREAS, on February 6, 2024, Plaintiff Scott Zerzanek filed a complaint in San Mateo Superior Court, Case No. 24-CIV-00666, asserting substantially similar claims against the same Defendants (Joint Decl., ¶ 5); WHEREAS, these above-referenced actions were designated complex and assigned for all purposes to the Honorable Jeffrey R. Finigan (Joint Decl., ¶ 6); WHEREAS, counsel for Plaintiffs have engaged with counsel for New Enterprise Associates, Inc. (“NEA”) concerning the claims brought against NEA, and, after the exchange of information between counsel, Plaintiffs’ counsel have determined to voluntarily dismiss NEA (Joint Decl., ¶ 7); WHEREAS, counsel for Plaintiffs have engaged with counsel for Lightspeed Venture Partners (“LSVP”) concerning the claims brought against LSVP, and, after the exchange of information between counsel, Plaintiffs’ counsel have determined to voluntarily dismiss LSVP (Joint Decl., ¶ 8); WHEREAS, these actions remain in their infancy, no class has been certified, and as a result, notice of pendency has not been issued to class members, and accordingly, no class members will be
1 2 3 4 5 6 7 8 9 prejudiced by these dismissals (which dismiss only Defendants New Enterprise Associates, Inc. and Lightspeed Venture Partners), and they will have no impact on the remaining Defendants (Joint Decl., ¶ 9); WHEREAS, based on the accompanying Joint Declaration of Adam E. Polk and David W. Hall, and consistent with California Rule of Court 3.770, the parties respectfully request that the Court dismiss NEA and LSVP from the above-referenced actions; and WHEREAS, Plaintiffs’ dismissal of NEA and LSVP does not affect the pendency of any other claims against the remaining Defendants in these actions.
NOW, THEREFORE, the undersigned parties, through their respective counsel of record, and subject to approval by the Court, hereby stipulate that NEA and LSVP shall be dismissed from these actions pursuant to California Code of Civil Procedure § 581.
The Court, having read and considered the joint stipulation of the parties, and good cause appearing, hereby orders that New Enterprise Associates, Inc. and Lightspeed Venture Partners are dismissed from Mar, et al. v. Illumina, Inc., et al., Case No. 24-CIV-00585, and Zerzanek et al. v. Illumina, Inc., et al., Case No. 24-CIV-00666.