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Case Status:    DISMISSED  
—On or around 11/05/2019 (Court's order of dismissal)
Current/Last Presiding Judge:  
Hon. Victor Marrero

Filing Date: December 12, 2018

According to the Complaint, Bojangles, Inc. is a highly differentiated and growing restaurant operator and franchisor dedicated to serving customers high-quality food made from the Company’s Southern recipes.

This action stems from a Proposed Transaction announced on November 6, 2018, pursuant to which Bojangles will be acquired by affiliates of Durational Capital Management LP and The Jordan Company, L.P.

On December 10, 2018, Defendants filed a Proxy Statement with the United States Securities and Exchange Commission in connection with the Proposed Transaction. The Complaint alleges that the Proxy Statement, which scheduled a stockholder vote on the Proposed Transaction for January 10, 2019, omits material information with respect to the Proposed Transaction, which renders the Proxy Statement false and misleading.

This case was voluntarily dismissed on January 11, 2019. A related case continues under Docket 18-CV-11649 in the Southern District of New York. On April 3, 2019, the Court issued an Order appointing Lead Plaintiff and Counsel. Lead Plaintiff filed an amended Complaint on May 3. Defendants filed a Motion to Transfer the case to the Western District of North Carolina on May 20. On May 24, the Court issued an Order denying the Motion to Transfer.

This case was voluntarily dismissed as moot on November 5, 2019.

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