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CAITHNESS RESOURCES v SKYBORNE Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 18,226, County: New Castle County, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE 1OF DELAWARE, Plaintiff: CAITHNESS RESOURCES, State: DE Delaware, UniqueCaseRef: DE>CC>00018226, Skybome, Caithness Resources, Ozdemir, Demand, Bishop, Shareholder, Philip Ozdemir, James, Books, Skyborne, Delaware, Directors, Purposes, Truth, Averment, Managing, Information Sufficient, Pursuant, Inspection, Shares, Responsive Pleadings, Complaint, York, Affidavit, Luca, David, Request, Agreement, Affirmative Defense, Schedule, Hereto, Sole Employee, Contacting, Purchase, Aircraft, Examination, Facts, Datead, Cairhtless, Fully Familiar, Facts Set, Production, Courier, Acquisition , ContentID: 120240213

Case Documents
1 2000-10-02 ANSWER TO COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 100974
4 pages
PDF
2 2000-08-15 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 100975
9 pages
PDF
Total Documents: 2 documents , 13 pages
Price: $ 24.95


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1 . ANSWER TO COMPLAINT

EXTRACTED KEY WORDS
DEFENDANT
TRUTH
AVERMENT
INFORMATION SUFFICIENT
BISHOP
COMPLAINT
SHAREHOLDER
AGREEMENT
JAMES
PLAINTIFFS
BUSINESS
AFFIRMATIVE DEFENSE
DEMAND
SCHEDULE
PURCHASE
AIRCRAFT
EXAMINATION
COURT
CAITHNESS RESOURCES
MANAGING
FACTS
DATEAD
CAIRHTLESS
FULLY FAMILIAR
FACTS SET
PRODUCTION
COURIER
ACQUISITION
CALEDONIA MINING
 IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
                           IN AND FOR NEW CASTLE COUNTY

CAITHNESS RESOURCES, INC, )
(A New Jersey Corporation)             1
  And JAMES BISHOP
                                      1
                 Plaintiffs,
                                      i              CA. No 18226
                 Vs.                  1)
SKYBORNE, INC.                        >

                 Defendant.           1
       ~_~~----~-

                                ANSWER TO COMPLAINT


DEFENDANT Skyborne, Inc. hereby makes the following Answer to the Plaintiffs'

numbered claims in the Complaint:


   1. The Defendant is without knowledge or information sufficient to form a belief as

       to the truth of the averment concerning the principal place of business of

       Caithness Resources, Inc. However, it is Admitted that said party is a shareholder

       of record of the Defendant.

   2. The Defendant is without knowledge or information sufficient information to

       form a belief as to the truth ofthe averment concerning the residence of James I>.

       Bishop

   3. Admitted

   4. Admitted

   5. Denied

   6. Admitted in part. -Denied as to sole employee.



7. Admitted.

SNIPPETS:
  • CAITHNESS RESOURCES, INC,)
  • And JAMES BISHOP
  • Plaintiffs,
  • The Defendant is without knowledge or information sufficient to form a belief as
  • form a belief as to the truth ofthe averment concerning the residence of James I>.
  • AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
  • The Defendant Skyborne, Inc. never received said demand.
  • Complaint, the Managing Director of Skyborne, Inc. attempted to contact James
  • DateAd September 10, 200i
  • cairhtless i I, I am the Managing Director of Skyborne, Inc. and am fully familiar with the facts set
  • I never received a copy of the July 25'h letter containing a demand for the production of the
  • The acquisition by me of Caledonia Mining Company's shareholding was legal and proper in
  • There is no shareholder's agreement in Skyborne, Inc. which requires the approval, knowledge
  • Given Mr. Bishop's zacotic and ruthless destruction of the assets of Skyborne, Inc., and the
  • I made several attempts to schedule Mr. Bishop's examination of the records of Skyborne,
  • I arn entirely willing to schedule an examination of the records of this corporation by

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    CAITHNESS RESOURCES
    OZDEMIR
    PLAINTIFFS
    DEMAND
    PHILIP OZDEMIR
    BISHOP
    BOOKS
    DELAWARE
    BUSINESS
    DIRECTORS
    JAMES
    PURPOSES
    SHAREHOLDER
    LAW
    COURT
    PURSUANT
    INSPECTION
    SHARES
    RESPONSIVE PLEADINGS
    YORK
    MANAGING
    AFFIDAVIT
    LUCA
    DAVID
    REQUEST
    HERETO
    SOLE EMPLOYEE
    CONTACTING
    MEETING
    
                  IN THE COURT OF CHANCERY OF THE STATE 1OF DELAWARE
                                   IN AND FOR NEW CASTLE COUNTY
    
    
    CAITHNESS RESOURCES, INC.,
    A New Jersey Corporation
    And. JAMES D. BISHOP,
    
                    Plaintiffs,
    
           VS.
    
    SKYBORNE, INC.,
    
                    Defendant.
    
                                                COMPLAINT
    
    
           PLAINTIFFS, CAITHNESS RESOURCES, INC., and JAMES D. BISHOP, by and
    
    through their attorneys Reed Smith Shaw  &  McClay, LLP, bring this action against Skybome,
    
    Inc. pursuant to  Q 220 of the  IDelaware General Corporation Law ("Section 220") seeking an
    
    Order compelling defendant, Skybome, Inc. to provide to plaintiffs certain books and records of
    
    the Company for purposes of inspection and copying.
    
                                                THE PARTIES
    
          1.        Caithness Resources, Inc. is a corporation organized under the laws of the State of
    
    New Jersey with a principal place of business at 161 Chestnut Ridge Road, Saddle River, New
    
    Jersey. Caithness Resources is a record holder of shares of Skybomr:, Inc.
    
          2.        Plaintiff James D. Bishop is a resident of the State of New York and a member of
    
    the board of directors of Skyborne, Inc.
    
          3.        Defendant Skybome, Inc. ("Skybome" or "the Company"), is a corporation
    
    organized under the laws of the State of Delaware.
    
    
    
         4.        Skybome formerly had a principal place of business at 1114 Avenue of the
    
    
    SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE 1OF DELAWARE
  • JAMES D. BISHOP,
  • PLAINTIFFS, CAITHNESS RESOURCES, INC., and JAMES D. BISHOP, by and
  • through their attorneys Reed Smith Shaw & McClay, LLP, bring this action against Skybome,
  • Order compelling defendant, Skybome, Inc. to provide to plaintiffs certain books and records
  • the Company for purposes of inspection and copying.
  • New Jersey with a principal place of business at 161 Chestnut Ridge Road, Saddle River, New
  • Caithness Resources is a record holder of shares of Skybomr:,
  • Americas, New York, New York 10076.
  • This demand was made on behalf of Caithness Resources, Inc. pursuant to
  • true and correct copy of this demand is attached hereto as Exhibit "A."
  • upon information and belief he is the sole employee of the Company.
  • Ozdemir, et al., C.A.
  • meeting of the board of directors, nor for any other purpose, since .i1997.
  • Accompanying the Demand was the sworn affidavit of David G. De Luca, who,
  • as vice president of Caithness Resources, Inc., attested in the aflidavit that Philip Ozdemir
  • a director and managing director for Skybome has failed to contact shareholder
  • purposes under Delaware law.
  • Plaintiffs respectfully request that this Court enter an Order
  • The responsive pleadings you have filed in Caithness Resources, Inc. v. Philip Ozdemir, C.A.
  • You may respond to this request by contacting me directly at the address listed above,
  •    |