Fill and Sign the Opposition Motion 497315004 Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       , INDIVIDUALLY AND FOR       AND       VS.       AND       PLAINTIFFS' RESPONSE IN OPPOSITION TO MOTION TO DISMISS       AS PARTY PLAINTIFF COMES NQW, Plaintiffs,       and       , (hereinafter “plaintiffs”) and file this their Response in Opposition to the Motion to Dismiss       as party Plaintiff and in support thereof support thereof states the following: 1.       and       (hereinafter “the       ") lack of standing to move for the dismissal of       (hereinafter “       *”). The right to request dismissal belongs solely to the corporation; not its controlling shareholder and directors. 2. Plaintiffs complied with the requirements of Miss. Code Ann. §79 - 4 - 7.42 prior to commencing his derivative action.       through its controlling shareholder and directors, had written knowledge of the claims and demands of Plaintiff more than ninety (90) days prior to the commencement of this action. Further, the ninety (90) day period should be waived in this case because Plaintiffs believed, in good faith, that irreparable injury to the corporation would result by waiting for the expiration of the ninety (90) day period, as is evidenced by Plaintiffs request for injunctive relief. 3. Granting the instant motion would simply result in unnecessary delay. WHEREFORE PREMISES CONSIDERED, Plaintiffs,       and       , respectfully request that the Court deny the Motion to Dismiss       as a party Plaintiff. THIS the       day of       , 20       . Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for