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From time to time, we are subject to litigation and claims arising in the ordinary course of business.
−Removed: In February 2021, we received notice and accepted service of a civil complaint that had been filed in the Western District of Texas and styled Carew ex rel.
+Added: In February 2021, the Company received notice and accepted service of a civil complaint that had been filed in the Western District of Texas and styled Carew ex rel.
United States v.
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Code § 36.002.
−Removed: Outside counsel, on behalf of the Company, has filed a motion to dismiss the action for failure to state a claim.
−Removed: On March 31, 2022, the court granted the motion to dismiss the action without prejudice which allows the plaintiff 60 days to refile the complaint.
−Removed: On May 27, 2022, the plaintiff filed an amended complaint and on July 11, 2022, the Company filed a motion to dismiss the action for failure to state a claim.
−Removed: That motion was referred to a magistrate judge.
−Removed: On March 3, 2023, the magistrate judge agreed with Senseonics and recommended that the amended complaint be dismissed.
−Removed: That recommendation to dismiss is now pending before the district court.
−Removed: The parties have until March 31, 2023, to respond to any objections to the magistrate judge's report and recommendation.
−Removed: In February 2021, in compliance with the security incident notification obligations laid out in the GDPR, the Company notified the Italian Data Protection Authority (“Garante”), of an unintended disclosure of certain user e-mail addresses to other users in Italy.
−Removed: Subsequent to this notification, the Company was able to settle the matter with the Garante.
−Removed: It is possible under the applicable process that the Garante may, in the future, follow up further regarding the Company’s corrective measures and overall GDPR compliance.
+Added: The court granted the Company’s motion to dismiss the complaint on March 31, 2022 but permitted the plaintiff to file an amended complaint.
+Added: The court dismissed the amended complaint and entered judgment in favor of Senseonics Holdings, Inc.
+Added: on March 30, 2023.
+Added: The relator filed a notice of appeal to the United States Court of Appeals for the Fifth Circuit on April 28, 2023.
+Added: The appeal was fully briefed and the case was argued before the Fifth Circuit on February 6, 2024.
+Added: On February 28, 2024 the Fifth Circuit issued a Per Curiam order affirming the District Court’s decision that Carew failed to state a claim.
+Added: This order affirms the District Court’s dismissal of plaintiff’s lawsuit.
Except as described above, we are not currently a party to any material legal proceedings, and we are not aware of any pending or threatened legal proceeding against us that we believe could have a material adverse effect on our business, operating results or financial condition.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.