Legal Opinion

In re Dayco Corp. Derivative Securities Litigation

District Court, S.D. Ohio

Decided October 21, 1983No. Nos. C-3-82-184, C-3-82-254, C-3-82-329 and C-3-82-405PublishedCited by 31 opinions

1Opinion of the Court

ENTRY ON DEFENDANTS’ MOTION TO DISMISS; FURTHER PROCEDURES ORDERED

RICE, District Judge.

Defendant Richard Jacob has moved (doc. # 77) to dismiss Counts 2, 3, 7 and portions of Counts 4 and 5 of the amended complaint filed by Plaintiffs Heist and Efros, for failure to comply with the verification and demand requirements of Fed.R.Civ.P. 23.1. The director defendants and Dayco have joined this motion (doc. # 83 & 97). While the motion has been fully briefed, Defendants now ask this Court to “defer further consideration of this motion until the determination of certain pending discovery motions,…

2Cases cited25 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
  3. Couch v. United StatesSupreme Court of the United States · 1973
  4. In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 1982
  5. Garner v. WolfinbargerCourt of Appeals for the Fifth Circuit · 1970

20 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. In Re Perrigo CompanyCourt of Appeals for the Sixth Circuit · 1997
  2. In re Grand Jury Proceedings October 12, 1995Court of Appeals for the Sixth Circuit · 1996
  3. Sandberg v. Virginia Bankshares, Inc.Court of Appeals for the Fourth Circuit · 1992
  4. United States v. Martin Mendelsohn, United States of America v. Robert BentsenCourt of Appeals for the Ninth Circuit · 1990
  5. Jacques v. Pioneer Plastics, Inc.Supreme Judicial Court of Maine · 1996

26 more not listed; retrieve them via the Exa API.

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