Footnotes, 12.

The Court also notes, but does not find it to be of any relevance to Plaintiffs’ Section 11(b) case, that Defendant Somerville engaged in a post-litigation investigation of Heredia. Tr. 1566:19–1568:2; see also Doc. No. [334] (taking notice of various subpoenas pertaining to Heredia (Doc. Nos. [294-3]; [294-4]; [294-5])). The Court, however, credits Somerville’s explanation of this investigation—that is, it was not intentionally malicious, but rather arose “[a]s a consequence of defending [himself] in this matter.” Tr. 1568:1.