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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`KYLE MARTEL and JOE BRYANT,
`
`
`
`
`
`FUSION SPONSOR LLC, JOHN JAMES,
`JEFFREY GARY, JIM ROSS, KELLY
`DRISCOLL, BEN BUETTELL,
`DIWAKAR CHOUBEY and
`BROADHAVEN CAPITAL PARTNERS,
`LLC,
`
`
`
`
`
`
`
`
`C.A. No. 2024-0329-NAC
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`Defendants.
`
`
`DEFENDANT DIWAKAR CHOUBEY’S MOTION TO DISMISS
`THE VERIFIED CLASS ACTION COMPLAINT
`
`Defendant Diwakar Choubey, by and through his undersigned counsel, hereby
`
`moves for an order dismissing as to him the Verified Class Action Complaint in the
`
`above-captioned action with prejudice pursuant to Court of Chancery Rule 12(b)(6).
`
`The grounds for this motion are fully set forth in the opening brief filed
`
`contemporaneously herewith.
`
`
`
`
`EFiled: May 30 2024 04:50PM EDT
`Transaction ID 73266844
`Case No. 2024-0329-NAC
`
`

`

`
`
`
`Of Counsel:
`
`Brian M. Burnovski
`Kyra Macy Kaufman
`Adam M. Greene
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, New York 10017
`(212) 450-4000
`
`
`May 30, 2024
`
`
`
`ROSS ARONSTAM & MORITZ LLP
`
`
`/s/ Bradley R. Aronstam
`Bradley R. Aronstam (Bar No. 5129)
`S. Michael Sirkin (Bar No. 5389)
`Holly E. Newell (Bar No. 6687)
`Hercules Building
`1313 North Market Street, Suite 1001
`Wilmington, Delaware 19801
`(302) 576-1600
`
`Attorneys for Defendant Diwakar
`Choubey
`
`Words: 52 / 3,000
`
`
`
`
`
`2
`
`

`

`CERTIFICATE OF SERVICE
`I, Bradley R. Aronstam, hereby certify that on May 30, 2024, I caused true
`
`and correct copies of Defendant Diwakar Choubey’s Motion to Dismiss the
`
`Verified Class Action Complaint, with supporting documents, to be served
`
`through File & ServeXpress on the following counsel of record:
`
`Kelly L. Tucker
`Jonathan C. Millis
`GRANT & EISENHOFER P.A.
`123 South Justison Street, 7th Floor
`Wilmington, Delaware 19801
`
`William M. Lafferty
`Susan W. Waesco
`Grant E. Michl
`MORRIS, NICHOLS, ARSHT
` & TUNNELL LLP
`1201 North Market Street, 16th Floor
`Wilmington, Delaware 19801
`
`
`
`
`Paul J. Loughman
`Andrew J. Czerkawski
`YOUNG CONAWAY STARGATT
` & TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`
`
`
`/s/ Bradley R. Aronstam
`Bradley R. Aronstam (Bar No. 5129)
`
`
`
`
`
`
`
`

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