The following excerpt is from In re Bofi Holding, Inc., Case No.: 3:15-cv-02722-GPC-KSC (S.D. Cal. 2018):
Several other district courts have dismissed without prejudice derivative claims similarly based on the outcome of pending litigation against the company. See, e.g., Dollens v. Zionts, No. 01 C 02826, 2002 WL 1632261, at *9 (N.D. Ill. July 22, 2002) (concluding that (1) to the extent plaintiffs' claims were based on the company's "exposure to defending class actions," such claims were "premature" because "plaintiffs cannot bring a derivative action to recover expenses from a pending securities action
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