Kloha Ex Rel. A. Duda & Sons, Inc. v. Duda

ORDER

PRESNELL, District Judge.

THIS CAUSE comes before the Court upon Defendant’s Motion to Dismiss counts I and II of the complaint (Doc. 40, filed July 1, 2002), to which Plaintiff has responded in opposition. (Doc. 44, filed July 16, 2002.)

I. BACKGROUND

A. Duda & Sons, Inc. (“the Company”) moves to dismiss a shareholder derivative suit brought by Elizabeth Duda Kloha (“Kloha”) against the Company and six of its ten directors (“the Defendant Directors,” collectively “Defendants”). On September 26, 2001, Kloha demanded that the Company either purchase its minority shareholders’ interests,…