Schertz v. Garcia

IN THE SUPREME COURT OF THE STATE OF DELAWARE

RHONDA SCHERTZ, Derivatively on §
Behalf of CARVANA CO., § No. 446, 2024
§
Plaintiff-Below, Appellant, § Court Below: Court of Chancery
§ of the State of Delaware
v. §
§ C.A. No. 2023-0600
ERNEST GARCIA II, §
§
Defendant-Below, Appellee, §
§
and §
§
CARVANA CO., a Delaware §
Corporation, §
§
Nominal Defendant-Below, §
Appellee. §

Submitted: April 16, 2025
Decided: May 7, 2025

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, and GRIFFITHS,
Justices, constituting the Court en Banc.

ORDER

NOW this 7th day of May 2025, the Court having considered this matter on the briefs

and oral arguments of the parties and the record below and having concluded that the same

should be affirmed on the basis of and for the reasons assigned by the Court of Chancery

in its Telephonic Bench Ruling on Defendants’ Motion to Dismiss or Stay Plaintiff’s

Verified Amended Stockholder Derivative Complaint dated September 25, 2024;
NOW THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery

be AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura
Justice

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