# Emulex Corporation, et al. v. Gary Varjabedian, et al.

No. 18-459 · Decided April 23, 2019

> Prepared by Supreme Court Report from the PDF published by the Supreme Court of the United States. The PDF is the authoritative text; this copy can contain errors of conversion. Source: <https://www.supremecourt.gov/opinions/boundvolumes/587BV.pdf#page=197>

## Syllabus

Certiorari dismissed. Reported below: 888 F. 3d 399.

\* Briefs of *amici curiae* urging reversal were filed for the Chamber of Commerce of the United States of America et al. by *George T*. *Conway III* and *Daryl Joseffer*; for Former Commissioners of the Securities and Exchange Commission by *Jonathan L*. *Marcus* and *Michael A*. *McIntosh*; for the Securities Industry and Financial Markets Association by *William M*. *Regan*, *Marc J*. *Gottridge*, *Allison M*. *Wuertz*, and *Kevin Carroll*; and for the Washington Legal Foundation by *Lyle Roberts*, *George E*. *Anhang*, *Cory L*. *Andrews*, and *Richard A*. *Samp.*

Briefs of *amici curiae* urging affirmance were filed for Institutional Investors by *Kevin K*. *Russell*, *Charles H*. *Davis*, *Erica Oleszczuk Evans*, *Cheryl George*, *Jay Eisenhofer*, *Carol V. Gilden*, *Jeremy A. Lieberman*, and *James W. Johnson*; for Legal Scholars by *Edward Labaton*, *Marc I*. *Gross*, *Darren Check*, and *Darren J*. *Robbins*; and for the North American Securities Administrators Association, Inc., by *Ruthanne M*. *Deutsch* and *Hyland Hunt*.

*Alan E*. *Golomb* filed a brief for Phillip Goldstein as *amicus curiae*.

## Counsel

*Gregory G*. *Garre* argued the cause for petitioners. With him on the briefs were *Benjamin W*. *Snyder*, *Shay Dvoretzky*, and *Jeffrey R*. *Johnson*.

*Morgan L*. *Ratner* argued the cause for the United States as *amicus curiae* urging reversal. With her on the brief were *Solicitor General Francisco*, *Deputy Solicitor General Stewart*, *Robert B*. *Stebbins*, *Michael A*. *Conley*, *David D. Lisitza*, and *Lisa K*. *Helvin*.

*Daniel L*. *Geyser* argued the cause for respondents. With him on the brief were *Miles D*. *Schreiner* and *Benjamin Heikali*.\*

## Per Curiam

*Per Curiam.*

The writ of certiorari is dismissed as improvidently granted.

*It is so ordered.*
