Jones

facts about Deckers' inability to mitigate the effect of a large increase in the cost of sheepskin and a decrease in demand for UGG products that, when revealed, drove the price of Deckers' shares down. On August 27, 2012, Jones sent a "First Request for Production of Documents" to Deckers. On October 1, 2012, Deckers served its objections to the discovery requests, citing Delaware, California law and other authority to support its position that Jones lacked standing to bring this shareholders derivative action because 1) he had not made a demand on Deckers' board of directors for the relief he contended was appropriate to meet specific assertions of mismanagement or malfeasance; 2) he had not demonstrated in his complaint that such a demand would be futile; and 3) because derivative plaintiffs are not entitled under Delaware law to discovery that would enable them to demonstrate demand futility. Jones's motion to compel Deckers to respond to the requests followed on November 13, 2012.

1 We have granted Jones's motion for judicial notice filed November 12, 2013; as well as Respondents' and Deckers' motion and supplemental motion for judicial…