Denckla v. Maes

OPINION AND ORDER

TROUTMAN, District Judge.

I

Introduction

This is in form a member’s derivative action against certain officers, directors and/or members of a non-stock, nonprofit charitable corporation for mismanagement. There is now before the Court for disposition the defendants’ motions to dismiss the complaint under F.R.Civ.P. 12(b) and for summary judgment under F.R.Civ.P. 56 on the grounds of res judicata, statute of limitations, standing to maintain the action and failure to first satisfy certain procedural requirements for the maintenance of a derivative action.1 In the event the Court…