Legal Opinion

In re Bofi Holding, Inc.

District Court, S.D. California

Decided May 23, 2019No. Case No.: 3:15-cv-02722-GPC-KSCPublished

1Opinion of the Court

Hon. Gonzalo P. Curiel, United States District Judge

INTRODUCTION

This is a shareholder derivative suit, brought by a stockholder of BofI Holding, Inc., on behalf of the company, against Gregory Garrabrants, Andrew J. Micheletti, Eshel Bar-Adon, and John C. Tolla (collectively, "the Defendants"). Currently before the Court is Defendants' Motion to Dismiss the Second Amended Consolidated Shareholder Derivative Complaint ("the SAC") filed by BofI shareholder Andrew Calcaterra. ECF No. 128.

Following extensive motion practice over the last four years, Plaintiff's claims have been reduced to one…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  5. Moss v. U.S. Secret ServiceCourt of Appeals for the Ninth Circuit · 2009

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