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`KATHLEEN MILLER, derivatively on
`behalf of RIVIAN AUTOMOTIVE, INC.,
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` Plaintiff,
`v.
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`ROBERT J. SCARINGE, CLAIRE
`MCDONOUGH, JEFFREY R. BAKER,
`JITEN BEHL, KAREN BOONE, SANFORD
`SCHWARTZ, ROSE MARCARIO, PETER
`KRAWIEC, JAY FLATLEY, and PAMELA
`THOMAS-GRAHAM,
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` Defendants,
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` and
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`RIVIAN AUTOMOTIVE, INC.,
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` Nominal Defendant.
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`C.A. No. 2024-0127-MTZ
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`DEFENDANTS’ MOTION TO DISMISS
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`Defendants Robert J. Scaringe, Claire McDonough, Jeffrey R. Baker, Jiten
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`Behl, Karen Boone, Sanford Schwartz, Rose Marcario, Peter Krawiec, Jay Flatley,
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`and Pamela Thomas-Graham, and Nominal Defendant Rivian Automotive, Inc.
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`(collectively, “Defendants”), by and through their undersigned counsel, hereby
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`move to dismiss the Verified Stockholder Derivative Complaint in the above-
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`captioned action with prejudice pursuant to Court of Chancery Rules 23.1 and
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`12(b)(6) due to plaintiff’s failure to make a pre-suit litigation demand and plaintiff’s
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`EFiled: Mar 04 2024 04:43PM EST
`Transaction ID 72227475
`Case No. 2024-0127-MTZ
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`
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`failure to state a claim upon which relief may be granted. The grounds for this
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`motion will be set forth in briefing to be filed in accordance with a briefing schedule
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`agreed upon by the parties or ordered by the Court.
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`OF COUNSEL:
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`Boris Feldman
`Doru Gavril
`Eunice Leong
`Rebecca Lockert
`Olivia Rosen
`FRESHFIELDS BRUCKHAUS
`DERINGER US LLP
`855 Main Street
`Redwood City, CA 94063
`(650) 618-9250
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`Dated: March 4, 2024
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`YOUNG CONAWAY STARGATT
` & TAYLOR, LLP
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`/s/ Elena C. Norman
`Elena C. Norman (No. 4780)
`Alex B. Haims (No. 7060)
`Shira R. Freiman (No. 7197)
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`(302) 571-6600
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`Attorneys for Defendants
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`Words: 115
`Limit: 500
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`2
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`CERTIFICATE OF SERVICE
`I, Alex B. Haims, Esq., do hereby certify that on March 4, 2024, I caused a
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`copy of the foregoing document to be served upon the following counsel of record
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`in the manner indicated below:
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`FILE & SERVEXPRESS:
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`Ryan M. Ernst, Esq.
`BIELLI & KLAUDER, LLC
`1204 N. King Street
`Wilmington, DE 19801
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`/s/ Alex B. Haims
`Alex B. Haims (No. 7060)
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