NOTICE OF WITHDRAWAL OF PLAINTIFF’S PRELIMINARY INJUNCTION Case No.: 3:17-cv-00859-JD

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ROSEMARY M. RIVAS (SBN 209147)

LEVI & KORSINSKY LLP 

44 Montgomery Street, Suite 650 

San Francisco, CA 94104 

Telephone: (415) 291-2420 

Facsimile: (415) 484-1294

Email: rrivas@zlk.com

Attorney for Plaintiff 

and the Proposed Class

[Additional Counsel listed on signature block.]

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

MARC NUZZO, On Behalf of Himself and All 

Others Similarly Situated,

Plaintiff,

v.

INVENSENSE, INC., BEHROOZ ABDI, 

AMIR FAINTUCH, USAMA FAYYAD, 

EMIKO HIGASHI, JON OLSON, AMIT 

SHAH, ERIC STANG, YUNBEI YU, TDK 

CORPORATION, and TDK SENSOR 

SOLUTIONS CORPORATION,

 Defendants.

Case No. 3:17-cv-00859-JD

CLASS ACTION

NOTICE OF WITHDRAWAL OF 

PLAINTIFF’S MOTION FOR 

PRELIMINARY INJUNCTION

Date: May 18, 2017

Time: 10:00 a.m.

Crtrm.: 11, 19th Floor

Judge: Hon. James Donato

Case 3:17-cv-00859-JD Document 11 Filed 04/25/17 Page 1 of 2
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NOTICE OF WITHDRAWAL OF PLAINTIFF’S PRELIMINARY INJUNCTION Case No.: 3:17-cv-00859-JD

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Plaintiff Marc Nuzzo (“Plaintiff”), by his counsel, hereby withdraws his Motion for a 

Preliminary Injunction (the “Injunction Motion”). In support of this withdrawal, Plaintiff states:

1. On April 11, 2017, Plaintiff filed his Injunction Motion seeking to enjoin the 

stockholder vote regarding the acquisition of InvenSense, Inc. (“InvenSense”) to TDK Corporation 

pursuant to which each share of InvenSense common stock will be cancelled and converted into the 

right to receive $13 per share in cash (the “Proposed Transaction”). Plaintiff argued that defendants 

violated Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), by 

allegedly omitting certain material information from the proxy statement, which among other things, 

recommended that InvenSense stockholders vote in favor of the Proposed Transaction.

2. As a result of negotiations between the parties, defendant InvenSense filed an 

amendment to its Definitive Proxy Statement on April 24, 2017, which includes supplemental 

disclosures that address Plaintiff’s claims raised in his Injunction Motion (the “Supplemental 

Disclosures”).

3. As a result of, inter alia, InvenSense’s dissemination of the Supplemental Disclosures, 

Plaintiff no longer intends to seek injunctive relief and, accordingly, respectfully withdraws his 

Injunction Motion.

4. Counsel for defendants have indicated to Plaintiff’s counsel that they have no 

objection to the withdrawal of the Injunction Motion.

Dated: April 25, 2017

OF COUNSEL:

Seth D. Rigrodsky (to be admitted pro hac vice)

Gina M. Serra (to be admitted pro hac vice)

RIGRODSKY & LONG, P.A.

2 Righter Parkway, Suite 120

Wilmington, DE 19803

Telephone: (302) 295-5310

Respectfully submitted

LEVI & KORSINSKY LLP

By: /s/ Rosemary M. Rivas

Rosemary M. Rivas 

44 Montgomery Street, Suite 650 

San Francisco, CA 94104 

Telephone: (415) 291-2420 

Facsimile: (415) 484-1294 

Attorneys for Plaintiff 

Case 3:17-cv-00859-JD Document 11 Filed 04/25/17 Page 2 of 2