Gould v. Moynihan et al
| James R. Gould, Jr. |
| Brian Moynihan, Charles K. Gifford, Jack O. Bovender, Jr., Linda P. Hudson, Sharon L. Allen, Monica C. Lozano, Susan S. Bies, Thomas J. May, Frank P. Bramble, Sr., Lionel L. Nowell, III, Pierre J.P. De Weck, R. David Yost and Arnold W. Donald |
| 1:2016cv07828 |
| October 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Suffolk |
| Valerie E. Caproni |
| Other Statutory Actions |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
31
MEMORANDUM OPINION & ORDER re: 17 MOTION to Dismiss Individual Defendants' Notice of Motion to Dismiss Plaintiff's Verified Shareholder Derivative Complaint filed by Lionel L. Nowell, III, Jack O. Bovender, Jr., Frank P. Bramble, Sr., Thomas J. May, Monica C. Lozano, R. David Yost, Pierre J.P. De Weck, Sharon L. Allen, Brian Moynihan, Arnold W. Donald, Susan S. Bies, Charles K. Gifford, Linda P. Hudson, 14 MOTION to Dismiss filed by Bank Of America Corporation. For the foregoing reasons, Defendants' motions to dismiss are GRANTED, and Gould's Complaint is dismissed with prejudice. The Court does not grant Gould leave to amend because Gould has not indicated that he i s aware of other facts that would rebut the presumption of the Board's valid business judgment in refusing his Demand. Moreover, even if Gould could allege such facts, his Section 14(a) claim would be dismissed as time-barred, and this Court would decline to exercise supplemental jurisdiction over Gould's remaining state law claims. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 14 and 17 and to close the case. (Signed by Judge Valerie E. Caproni on 8/15/2017) (mro)
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