Auletta v. Ortino

OPINION

ALICE M. BATCHELDER, Circuit Judge.

In this shareholder derivative action, plaintiffs Thomas Auletta, Barbara Ben-cosme, and Phillip Miller Trust (collectively “Plaintiffs”) appeal the district court’s dismissal of their complaint for failing to allege, with adequate particularity, that a demand would be futile, and the district court’s denial of their Rule 60(b) Motion for Relief from the Judgment. Because the district court neither erred in dismissing Plaintiffs’ complaint nor abused its discretion in denying Plaintiffs’ motion for relief, we affirm the district court’s decisions in…