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Shareholder Mira sent the board of Finch Motors, Inc. a written demand asking the corporation to sue three directors for approving a self-interested parts contract. The board formed a two-director committee to investigate. One committee member was not on the board when the contract was approved and had no financial interest in it. The other committee member is the brother of one defendant director and works for a company that sells services to Finch Motors.
Thirty days after demand, before the committee finished its work, Mira filed a derivative suit. The committee later interviewed only the defendant directors, reviewed no pricing data, and recommended dismissal. Finch Motors moves to dismiss the derivative suit based on the committee recommendation.
How should the court analyze the demand timing and the motion to dismiss? Discuss.