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Case Status:    DISMISSED    
On or around 09/09/2016 (Notice of voluntarily dismissal)

Filing Date: July 12, 2016

According to the Complaint, on May 31, 2016, Vista Equity Partners Fund VI, L.P. and its affiliates (collectively, “Vista”) and the Company announced that it had entered into an Agreement and Plan of Merger dated May 27, 2016 (the “Merger Agreement”) by which Vista, through its affiliates Milestone Holdco, LLC (“Milestone”) and Milestone Merger Sub, Inc. (“Merger Sub”, and collectively with Milestone, “Merger Subs”), would acquire all of the outstanding shares of Marketo in an all-cash transaction for $35.25 per share in cash (the “Proposed Transaction”). The Proposed Transaction is valued at approximately $1.79 billion and is expected to close in the third quarter of 2016. The stockholder vote on the Proposed Transaction is scheduled for July 28, 2016.


On June 29, 2016, the Company filed a Schedule 14A definitive proxy statement (“Proxy Statement”) with the SEC. The Complaint alleges the Proxy Statement is materially deficient and misleading because , it fails to disclose material information about (i) potential conflicts of interest affecting the Company’s management, including with respect to discussions with Vista regarding continued employment and rollover equity; (ii) the process leading to the Merger Agreement; (iii) the financial analysis of Morgan Stanley & Co. LLC (“Morgan Stanley”), the Board’s financial advisor; and (iv) the Company’s financial projections. Without all material information Marketo stockholders cannot make an informed decision about whether to vote in favor of the Proposed Transaction or pursue their appraisal rights.

This case was voluntarily dismissed on September 9, 2016.

COMPANY INFORMATION:

Sector: Technology
Industry: Software & Programming
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: MKTO
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: N.D. California
DOCKET #: 16-CV-03907
JUDGE: Hon. Claudia Wilken
DATE FILED: 07/12/2016
CLASS PERIOD START: 05/31/2016
CLASS PERIOD END: 07/12/2016
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Levi & Korsinsky (Los Angeles)
    445 South Figueroa Street, 31st Floor, Levi & Korsinsky (Los Angeles), CA 90071
    (213) 985-7290 (202) 333-2121 ·
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