KANTER v. BARELLA

Civil No. 04-5542 (JBS).

388 F.Supp.2d 474 (2005)

Rhoda KANTER, Plaintiff, v. Hans M. BARELLA, et al., Defendants.

United States District Court, D. New Jersey.

September 21, 2005.


Attorney(s) appearing for the Case

Deborah M. Gross, Esq., Tina Moukoulis, Esq., Law Offices of Bernard M. Gross, P.C., Philadelphia, PA, for Plaintiff.

Robert Goodman, Esq., Marc J. Gross, Esq., Greenbaum, Rowe, Smith & Davis LLP, Roseland, NJ, and Neal R. Marder, Esq., David M. Hickey, Esq., Winston & Strawn LLP, Los Angeles, CA, for Defendant MedQuist Inc.

Jeffrey W. Lorell, Esq., Jeffrey Soos, Esq., Saiber Schlesinger Satz & Goldstein, LLC, Newark, NJ, and Randall W. Bodner, Esq., Carisa A. Klemeyer, Esq., Ropes & Gray LLP, Boston, MA, for Defendants Stowe, Ruttenberg and Underwood.

Michael R. Griffinger, Esq., Gibbons, Del Deo, Dolan, Griffinger & Vechione, Newark, NJ, and Garrard R. Beeney, Esq., Brian T. Frawley, Esq., Sullivan & Cromwell LLP, New York, NY, for Defendants Barella, Chew, Curran, Rusckowski, Weisenhoff, Westerink, Hommen and Koninklijke Philips Electronics N.V.


OPINION

SIMANDLE, District Judge.

The primary issue in this Rule 23.1 shareholder derivative action is whether Plaintiff's failure to make any demand on MedQuist's board of directors prior to instituting this suit may be excused. Because Plaintiff has failed to plead with the requisite particularity facts creating "a reasonable doubt that, as of the time the complaint was filed, the board that would be addressing the demand could have impartially considered...

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