Weeks later, the Ohio Public Employees Retirement System and the State Teachers Retirement System of Ohio moved to intervene in the Virginia case. They also sought a stay in that court while a books and records review was completed.
The Ohio groups filed a motion in Delaware on Thursday, pointing to the fact that Delaware plaintiffs filed a similar derivative complaint on November 25, 2024, without completing a books and records investigation. The Ohio parties argued that the Delaware plaintiffs had not been transparent about the status of the Virginia case and that this could impact the decision on whether to expedite the Delaware action.
A key point raised by the Ohio groups was the concern that Delaware plaintiffs might face dismissal with prejudice if they did not amend their complaint in response to a motion to dismiss. They also highlighted U.S. District Court Judge Leonie M. Brinkema’s prior comments on the Virginia case, which indicated that even if a motion to dismiss was granted, it would be without prejudice, allowing for another suit to be filed.
