Spoor v. John M. Barth, Jr., John Barth (Sr.), & JR Int'l Holdings, LLC

ELMORE, Judge.

*722Richard B. Spoor (plaintiff), derivatively on behalf of JR International Holdings, LLC ("JR Holdings"), appeals from an order (1) dismissing under Rule 12(b)(6) his derivative claims against John Barth Sr. ("Sr.") and John Barth Jr. ("Jr.") (defendants) as barred by the statute of limitations and (2) denying his Rule 15(a) motion to amend his complaint to add additional derivative claims as futile. We affirm in part and reverse in part.

I. Background

This is Spoor's second appeal to our Court. While we address only the factual and procedural background relevant to address this…