According to the Complaint, Buckeye Partners, L.P. ("Buckeye") is a master limited partnership that owns and operates a diversified global network of integrated assets providing midstream logistic solutions, primarily consisting of the transportation, storage, processing, and marketing of liquid petroleum products.
This action stems from a proposed transaction announced on May 10, 2019, pursuant to which Buckeye will be acquired by IFM Global Infrastructure Fund and its affiliates.
On May 10, 2019, the Board of Directors of Buckeye’s general partner, Buckeye GP LLC, caused the Partnership to enter into an agreement and plan of merger with Hercules Intermediate Holdings LLC, Hercules Merger Sub LLC, Buckeye Pipe Line Services Company, and the General Partner. Pursuant to the terms of the Merger Agreement, Buckeye’s unit holders will receive $41.50 in cash for each Buckeye common unit they own.
On June 7, 2019, 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 omits material information with respect to the Proposed Transaction, which renders the Proxy Statement false and misleading.
This case was voluntarily dismissed on August 9, 2019. A related case continues under Docket 19-CV-02645 in the Southern District of Texas.
On December 10, the Court issued an Order appointing Lead Plaintiff and Counsel. Lead Plaintiff filed an amended Complaint on December 23. On July 17, 2020, the Court granted the Defendants' Motion to transfer the case to the District of Delaware.
Lead Plaintiff filed a third amended Complaint on August 18, 2020. Defendants filed a Motion to Dismiss the third amended Complaint on September 15. On June 2, 2021, the Court issued an Order granting Defendants' Motion to Dismiss. The case was dismissed with prejudice.