Kennedy v. Nicastro

SHADUR, District Judge.

Plaintiffs Eileen Kennedy and Frank Murphy filed this action as a claimed class action on behalf of the stockholders of Xcor International, Inc. (“Xcor”) and as a claimed derivative action on behalf of Xcor. This Court’s July 8, 1981 memorandum opinion and order, 517 F.Supp. 1157 (the “Opinion”):(1) dismissed plaintiffs’ first five claims (all federal claims) with prejudice and(2) dismissed their sixth and final claim (a state law claim) without prejudice, granting plaintiffs leave to replead an appropriately condensed version on or before July 20.

On July 9 plaintiffs…