Mills v. Esmark, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiffs Caryn J. Mills and Susan M. Mills brought this derivative action as shareholders of Esmark, Inc. (“Esmark”), a Delaware corporation, alleging that certain officers of Esmark received cash payments and assignments of restricted Esmark stock and performance units in violation of the 1979 Stock Option Plan and Long Term Growth Plan adopted by the shareholders of Esmark, and in violation of the fiduciary *71duty owed to the shareholders by the directors and officers. Plaintiffs have named as defendants, Esmark, the officers receiving the…