According to the Complaint, K2M Group Holdings, Inc. ("K2M" or the Company) develops, commercializes, and manufactures complex spine and minimally invasive spine technologies and techniques used by spine surgeons globally.

On August 30, 2018, the Company announced the Proposed Transaction in a press release, whereby K2M will be acquired by Stryker Corporation. The Complaint alleges that on October 5, 2018, in order to convince K2M shareholders to vote in favor of the Proposed Transaction, the Board authorized the filing of a materially incomplete and misleading Proxy Statement on Schedule 14A with the Securities and Exchange Commission, in violation of Sections 14(a) and 20(a) of the Exchange Act.

This case was voluntarily dismissed on October 23, 2018.