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)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STEPHEN BUSHANSKY, Case No. 12-cv-01597-JST Plaintiff, 6 v. 7 8 SAMUEL ARMACOST, et al., SECOND ORDER FOR SUPPLEMENTAL BRIEFING RE: RULE 23.1(C) NOTICE Defendants. 9 10 United States District Court Northern District of California 11 On February 14, 2014, the Court ordered supplemental briefing on Plaintiff’s request for 12 voluntary dismissal without directing notice pursuant to Federal Rule of Civil Procedure 23.1(c). 13 ECF No. 37. The Court subsequently altered the briefing schedule to permit Defendants to submit 14 a brief as well. ECF No. 40. Although the parties have not briefed the issue, the Court notes that there is a danger that 15 16 with the dismissal of this suit, the statute of limitations on the remaining breach of duty claims 17 may have run. See Compl. ¶ 38 (noting that the “Bylaw was . . . adopted on September 29, 18 2010”); In re Tyson Foods, Inc., 919 A. 2d 563, 584 (Del. Ch. 2007) (Pursuant to 10 Del. C. § 19 8106 “A three-year statute of limitations applies to breaches of fiduciary duty . . . The statute of 20 limitations begins to run at the time that the cause of action accrues, which is generally when there 21 has been a harmful act by a defendant.”). Because the statute of limitations bears directly on the question of prejudice to the 22 23 derivative claim, the parties are ORDERED to submit additional briefing. Plaintiff shall file a 24 /// 25 /// 26 /// 27 /// 28 /// 1 supplemental brief by May 5, 2014. Defendants shall file a response brief by May 12, 2014. 2 Plaintiff may file a reply brief by May 16, 2014. No brief may exceed five pages in length. 3 4 5 6 IT IS SO ORDERED. Dated: April 27, 2014 ______________________________________ JON S. TIGAR United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?