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Case 1:23-cv-03903-JSR Document 39 Filed 08/09/23 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CITY OF MIAMI GENERAL EMPLOYEES &
SANITATION EMPLOYEES RETIREMENT 23-cv-03903 (JSR)
TRUST and OPERATING ENGINEERS
CONSTRUCTION INDUSTRY AND ORDER
MISCELLANEOUS PENSION FUND
Plaintiff,
-v-
JAMES DIMON, STEPHEN B. BURKE,
TODD A. COMBS, JAMES S. CROWN,
TIMOTHY P. FLYNN, MELLODY HOBSON,
JOHN W. KESSLER, PHEBE N.
NOVAKOVIC, and JAMES E. STALEY,
Defendants,
and
JPMORGAN CHASE & CO.,
Nominal Defendant.
JED S. RAKOFF, U.S.D.J.:
On July 6, 2023, defendants James Dimon, Stephen B. Burke, Todd
A. Combs, James S. Crown, Timothy P. Flynn, Mellody Hobson, John W.
Kessler, Phebe N. Novakovic, and James E. Staley and nominal defendant
JPMorgan Chase & Co. (“JPMorgan”) filed motions to dismiss the
operative complaints in the above-captioned cases. See Dkt. 24; Dkt.
28. Upon consideration of all parties’ written submissions, the Court
hereby grants those motions on the ground that plaintiffs have failed
to make pre-suit demand on the board of directors of JPMorgan or
adequately allege that doing so would be futile. In light of this
1
Case 1:23-cv-03903-JSR Document 39 Filed 08/09/23 Page 2 of 2
conclusion, Court does not reach defendants' motion to dismiss pursuant
to Federal Rule of Civil Procedure 12 (b) (6) for failure to state a
claim upon which relief may be granted.
An opinion explaining the reasons for these rulings will follow
in due course, at which time judgment will be entered.
The Clerk of the Court is respectfully directed to close entry
numbers 24 and 28.
SO ORDERED.
New York NY
August~' 2023 J;iif!/M;, U.S.D.J.
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