Ex Parte John Cassimus Petition for Writ of Mandamus (in Re: Jason T. Carrick and Ryan McAllister v. John Cassimus)…

Summary

The court denied the petition challenging the refusal to dismiss derivative claims because the adequacy of the derivative plaintiffs' representation is a fact-intensive, nonjurisdictional issue not suitable for definitive mandamus review at the pleading stage. It dismissed as untimely the petition challenging appointment of a discovery special master because it was filed beyond the presumptively reasonable period and a motion to reconsider did not toll that period. It also denied the petition challenging dismissal under the abatement statute because the petitioners had not shown that a Rule 54(b) appeal was an inadequate remedy.