Whole Foods Market, Inc. ("Whole Foods" or the Company) is an American multinational supermarket chain known for its organic selections.

According to the Complaint, on June 16, 2017, Amazon and the Company announced that they had entered into an Agreement and Plan of Merger dated June 15, 2017, by which Amazon, through its wholly owned subsidiary, Walnut Merger Sub, Inc., will acquire all of the outstanding shares of Whole Foods for $42.00 per share in cash. The Proposed Transaction is valued at approximately $14 billion.

On July 7, 2017, Whole Foods caused the filing of a Preliminary Proxy Statement pursuant to Section 14(a) of the Securities Exchange Act of 1934. The Complaint alleges the Proxy Statement that was filed with the SEC is materially deficient and misleading in that it fails to provide adequate disclosures of all material information related to the Proposed Transaction.

On September 12, 2017, Plaintiff voluntarily dismissed this case as moot.