Calcaterra v. Garrabrants et al
Andrew Calcaterra |
Gregory Garrabrants, Andrew J. Micheletti, Theodore C. Allrich, Nicholas A. Mosich, James S. Argalas, John Gary Burke, Paul J. Grinberg, James J. Court, Edward J. Ratinoff, Eshel Bar-Adon, John C. Tolla, Uzair Dada and BofI Holding, Inc. |
3:2015cv02722 |
December 3, 2015 |
US District Court for the Southern District of California |
San Diego Office |
XX US, Outside State |
Cynthia Bashant |
Nita L. Stormes |
Stockholders Suits |
28 U.S.C. ยง 1332 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 192 Order Staying Action and Denying Motion to Dismiss Without Prejudice (ECF No. 181 , 186 ). The parties are directed to file a joint monthly status report beginning on 4/5/2024. Plaintiff's Motion to Seal portions of his memorandum in opposition and the Individual Defendants' Request for Judicial Notice are granted. Signed by Judge Gonzalo P. Curiel on 3/5/24. (All non-registered users served via U.S. Mail Service)(jmo) |
Filing 146 ORDER Granting Defendants' 133 Motion to Dismiss. Signed by Judge Gonzalo P. Curiel on 5/23/19. (dlg) |
Filing 125 ORDER Denying 118 Motion to Stay; and Denying 119 as Moot Motion for Extension of Time to File Amended Complaint. Within 21 days of the date of this order, Plaintiffs shall file an amended complaint. Signed by Judge Gonzalo P. Curiel on 8/21/18. (dlg) |
Filing 116 ORDER Granting in Part 95 Motion for Judgment on the Pleadings. Within 21 days of this ruling, Plaintiffs shall file an amended complaint. Signed by Judge Gonzalo P. Curiel on 6/7/18. (dlg) |
Filing 109 ORDER Providing Tentative Ruling Granting in Part Motion for Judgment on the Pleadings 95 . Signed by Judge Gonzalo P. Curiel on 5/11/18.(dlg) |
Filing 75 ORDER: (1) Denying 68 Defendants' Motion to Dismiss (2) Granting 58 , 63 , 69 Plaintiffs' Motions to Seal. The Court DENIES Defendants' motion to dismiss the amended shareholder complaint. Dkt. No. 68. The Court also GRANTS Plain tiffs' motions to (1) seal portions of the ASC, Dkt. No. 58, 63, and (2) portions of their response opposition, Dkt. No. 69. Defendants' request that the Court take judicial notice of BofI's Form 8-K filed with the SEC is DENIED as moot because it was irrelevant to the Court's review of the ASC. Dkt. No. 68-2. Signed by Judge Gonzalo P. Curiel on 8/8/2017. (aef) |
Filing 62 ORDER Granting Leave to Amend 41 . The Court grants Plaintiffs leave to amend the CSC. Any amended complaint shall be filed on or before Friday, April 14, 2017. Signed by Judge Gonzalo P. Curiel on 4/10/17.(dlg) |
Filing 54 ORDER granting Defendants' 41 Motion to Dismiss; granting 42 Motion to File Documents Under Seal; granting 48 Motion to File Documents Under Seal; granting 50 Motion to File Documents Under Seal. Court will reserve ruling whether or not the motion is granted with or without prejudice until after hearing from the respective parties. Given that the related shareholder litigation, 16cv2723-GPC(KSC) is ripe for decision on the merits, Court is inclined to find that providing the sh areholders here, with leave to amend their demand futility allegations would be futile. Court orders Plaintiffs to show cause why this case should not be dismissed with prejudice. Defendants shall file a response due by 3/31/2017. Signed by Judge Gonzalo P. Curiel on 3/1/2017. (jah) |
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