In Re: B of I Holding, Inc. Shareholder Litigation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 IN RE: Case No.: 15-cv-2722-GPC-KSC

12 BofI HOLDINGS, INC., ORDER STAYING ACTION AND SHAREHOLDER LITIGATION, DENYING MOTION TO DISMISS

WITHOUT PREJUDICE

[ECF No. 181, 186] 16 Pending before the Court is the Individual Defendants’ Motion to Dismiss Plaintiff’s Third Amended Shareholder Derivative Complaint. After reviewing the briefing, the Court orders that the motion be DENIED WITHOUT PREJUDICE and the action STAYED pending resolution of the appeal in the related whistleblower action.1 Plaintiff’s shareholder derivative suit seeks to recoup from the individual defendants, inter alia, the cost of the company’s defense against a securities class action

25 1 Plaintiff’s Motion to Seal portions of his memorandum in opposition, ECF No. 186, and the Individual Defendants’ Request for Judicial Notice, ECF No. 181-2, are GRANTED. 27 and a related whistleblower lawsuit brought by Charles Matthew Erhart. ECF…