In re Franklin Wireless Corp. Derivative Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 In re FRANKLIN WIRELESS CORP. Case No.: 21-cv-1837-AJB-MSB
DERIVATIVE LITIGATION
ORDER DENYING DEFENDANTS’
EX PARTE APPLICATION FOR AN
ORDER STRIKING PLAINTIFF
MARTIN’S ALLEGATIONS OF
“SHORT-SWING” PROFITS AS
PRECLUDED BY A PENDING
SETTLEMENT
17 (Doc. No. 70)
Before the Court is Defendants’ ex parte request for an Order Striking Plaintiff Martin’s allegations of “short-swing” profits as precluded by Defendants’ pending settlement in Nosirrah Management, LLC v. Franklin Wireless Corp. et al., Case No. 3:21- cv-01316-RSH (S.D. Cal.). (Doc. No. 70.) Having reviewed the ex parte application, Plaintiffs’ opposition, and Defendants’ reply, the Court DENIES Defendants’ request. I. IMPROPER REQUEST TO STRIKE ALLEGATIONS In their opening brief and reply, Defendants make clear that they request an Order striking Plaintiff Martin’s short-swing profits allegations so they may reach a settlement 27 …