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`
`Plaintiff,
`
`v.
`
`IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`)
`DAVID DINKEVICH, on behalf of
`
`)
`himself and all other similarly situated
`
`)
`stockholders of T-MOBILE US, INC.,
`
`)
`and derivatively on behalf of T-
`
`)
`MOBILE US, INC.,
`
`)
`
`
`)
`
`
`)
`
`)
`
`C.A. No. 2021-0479-PAF
`)
`
`
`)
`DEUTSCHE TELEKOM AG,
`
`)
`SOFTBANK GROUP CORP.,
`)
`TIMOTHEUS HÖTTGES, MARCELO
`)
`CLAURE, CHRISTIAN P. ILLEK,
`)
`RAPHAEL KÜBLER, THORSTEN
`)
`LANGHEIM, G. MICHAEL SIEVERT,
`)
`JOHN LEGERE, BRUNO
`)
`JACOBFEUERBORN, SRINI
`)
`GOPALAN, RONALD FISHER,
`)
`BRAXTON CARTER,
`)
`
`)
`
`)
`
`)
`
`)
`
`)
`T-MOBILE US, INC., a Delaware
`)
`corporation,
`)
`
`)
`
`
`
`Defendants,
`
`and
`
`Nominal Defendant.
`
`NOMINAL DEFENDANT’S MOTION TO DISMISS DERIVATIVE
`CLAIMS CONCERNING THE FEBRUARY 2020 AGREEMENT
`
`Nominal defendant T-Mobile US, Inc. hereby moves under Court of Chancery
`
`Rule 23.1 for an order dismissing Counts I through III of the Verified Amended
`
`Class and Derivative Complaint. The grounds for this motion are set forth in Section
`
`
`
`EFiled: Dec 17 2021 04:59PM EST
`Transaction ID 67172831
`Case No. 2021-0479-PAF
`
`

`

`
`
`1.C of the opening brief dated December 17, 2021 by defendants Deutsche Telekom
`
`AG, Timotheus Höttges, Christian P. Illek, Raphael Kübler, Thorsten Langheim,
`
`Bruno Jacobfeurborn, and Srini Gopalan, as well as Section I of the Management
`
`Defendants’ Opening Brief in Support of Their Motion to Dismiss dated December
`
`17, 2021. For the reasons set forth therein, those claims should be dismissed on the
`
`ground that they are properly derivative, and demand is not futile.
`
`
`
`
`OF COUNSEL:
`
`Roger A. Cooper
`Victor Hou
`Mark E. McDonald
`Pascale Bibi
`Kal Blassberger
`CLEARY GOTTLIEB STEEN &
` HAMILTON LLP
`One Liberty Plaza
`New York, NY 10006
`(212) 225-2000
`
`Dated: December 17, 2021
`
`
`
` /s/ E. Wade Houston
`A. Thompson Bayliss (#4379)
`E. Wade Houston (#6289)
`ABRAMS & BAYLISS LLP
`20 Montchanin Road, Suite 200
`Wilmington, Delaware 19807
`(302) 778-1000
`
`Counsel for Nominal Defendant T-
`Mobile US, Inc. and Defendants G.
`Michael Sievert, John Legere, and
`Braxton Carter
`
`Words: 113
`
`
`
`
`
`
`2
`
`

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