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1
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LETTER OPINION
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EXTRACTED KEY WORDS
MOTION DISCOVERY REQUEST ELECTRA SUIT COURT COUNSEL DISPOSITIVE MOTION CHANCERY INDIVIDUAL DEFENDANTS PLAINTIFFS SETTLEMENT LETTERS MATTER LITIGATION TEXAS TBC DOCUMENT REQUEST RESPONSES CAPTION CORRECTION DEL TOLLING PERIOD CREWS SUPPORT COMPEL ALLOCATION SETTLEMENT PROCEEDS PENDING |
COURT OF CHANCERY
OF 1HE
STATE OF DELAWARE
November 30, 1999 T HE FAYILY C OURT B UILDING
P.O. BOX 581
GEOF~GETOWN. D E L A W A R E
VIA FAX & U.S. MAIL
Martin S. Lessner Stephen J. Balick
Young, Conaway, Stargatt & Taylor Ashby & Geddes
P.O. Box 391 P.O. Box 1150
Wilmington, DE 19899 Wi.lmington, DE 19899
Russell C. Silberglied
Richards, Layton & Finger
P.O. Box 551
Wilmington, DE 19899 , \ :' .- I__ \ _ -: ;
1. .- ">\ 1 Y *:
,!
Re: Electra Investment Trust PLC v. Crews, et nl.
Civil Action No. 17186
Dear Counsel:
I have considered the letters supporting your opposing motions to
compel and stay discovery in the above-captioned matter. Because
defendants have not offered a credible reason fo-r this Court to delay
discovery, plaintiffs motion to compel is granted and defendants' motion to
stay is denied.
Plaintiff, the Electra investment entities (collectively "Electra"), holds
significant minority interests in nominal defendant The Benjamin Company
("TBC"). On May 26, 1999, Electra filed a derivative suit alleging claims of
fraudulent conveyance and breach of fiduciary duty (the "1999 Suit") arising
out of the allocation of settlement proceeds defendants are to receive in
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2
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COMPLAINT
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EXTRACTED KEY WORDS
SETTLEMENT ALLOCATION HILL TBC HONORE RYAN ELECTRA AIRPORT BOARD BALLOU LITIGATION DEFENDANTS WORTH DALLAS/FT PLAINTIFFS STOCKHOLDER CHIEF EXECUTIVE OFFICER CONNECTION PROPOSED SETTLEMENT FIDUCIARY DUTY CASH PAYMENT BOARD MEETING MAJORITY STOCKHOLDER ELECTRA INVESTMENT TRUST BENJAMIN COMPANY NOMINAL DEFENDANT PRESIDENT ALLOCATION COMMITTEE KORDYBACK COMPLAINT |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
ELECTRA INVESTMENT TRUST PLC,
a company organized under the
laws of England and
Wales, and ELECTRA
ASSOCIATES, INC., a Delaware
Corporation,
Plaintiffs,
-against- Civil Action No. ,/T/6 * Me
ROBERT B. CREWS, JR., DEBORAH
L.M. HONORE, PATRICIA RYAN,
ROBERT C. HILL, JR., and ROBERT B.
BALLOU,
Defendants, .
.
and
THE BENJAMIN COMPANY, INC.,
a Delaware Corporation,
Nominal Defendant.
COMPLAINT
Plaintiffs, Electra Investment Trust PLC and Electra Associates, Inc.
(collectively, "Electra"), by and through their undersigned counsel, allege upon
knowledge as to their own conduct, and upon information and belief as to all other
matters, as follows:
WP: M:\WCS3VUl3L\170WLEAD'237167-1
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