Bushansky v. Armacost et al

Filing 43

ORDER FOR SUPPLEMENTAL BRIEFING RE: RULE 23.1(C) NOTICE. Signed by Judge Jon S. Tigar on April 27, 2014. (wsn, COURT STAFF) (Filed on 4/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN BUSHANSKY,

Case No. 12-cv-01597-JST

Plaintiff,
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v.
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SAMUEL ARMACOST, et al.,

SECOND ORDER FOR
SUPPLEMENTAL BRIEFING RE:
RULE 23.1(C) NOTICE

Defendants.
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United States District Court
Northern District of California

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On February 14, 2014, the Court ordered supplemental briefing on Plaintiff’s request for

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voluntary dismissal without directing notice pursuant to Federal Rule of Civil Procedure 23.1(c).

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ECF No. 37. The Court subsequently altered the briefing schedule to permit Defendants to submit

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a brief as well. ECF No. 40.
Although the parties have not briefed the issue, the Court notes that there is a danger that

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with the dismissal of this suit, the statute of limitations on the remaining breach of duty claims

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may have run. See Compl. ¶ 38 (noting that the “Bylaw was . . . adopted on September 29,

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2010”); In re Tyson Foods, Inc., 919 A. 2d 563, 584 (Del. Ch. 2007) (Pursuant to 10 Del. C. §

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8106 “A three-year statute of limitations applies to breaches of fiduciary duty . . . The statute of

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limitations begins to run at the time that the cause of action accrues, which is generally when there

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has been a harmful act by a defendant.”).
Because the statute of limitations bears directly on the question of prejudice to the

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derivative claim, the parties are ORDERED to submit additional briefing. Plaintiff shall file a

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supplemental brief by May 5, 2014. Defendants shall file a response brief by May 12, 2014.

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Plaintiff may file a reply brief by May 16, 2014. No brief may exceed five pages in length.

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IT IS SO ORDERED.
Dated: April 27, 2014
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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