CALIFORNIA — A company stockholder is suing, citing alleged breach of contract, breach of duty, unfair competition and violation of federal law.

Jeffrey S.L. Cheah filed a complaint on March 14 in the U.S. District Court Northern District of California against Affymetrix Inc., Jami Dover Nachtsheim, Frank Witney, Nelson C. Chan, Gary S. Guthart, Riccardo Pigliucci, Merilee Raines, Robert H. Trice, Thermo Fisher Scientific Inc. and White Birch Merger Co., alleging that they wrongfully made incomplete proxy statements stating that majority approved a proposed transaction.

According to the complaint, the plaintiff alleges that he suffered damages as a result of misinterpretations made in order for the board to push through with a transaction made with Thermo Fisher. The plaintiff holds the defendants responsible because they allegedly made misleading and incomplete interpretations to the stockholders so the company could push through with the transaction.

The plaintiff seeks compensation for all damages, a declaration that the defendant violated the exchange act, a permanent injunction in order to consummate the proposed transaction, all legal fees and any other relief as the court deems just and proper. He is represented by Leigh A. Parker of Weisslaw LLP in Los Angeles.

U.S. District Court Northern District of California Case number 5:16-cv-01253

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