Here are the minutes of yesterday's trial:
Case 08-A-563589-C Status ACTIVE
Plaintiff Boyden, Anthony Attorney West, Ryan R.
Defendant Walther, Marc Attorney ## Unknown ##
Judge Denton, Mark R. Dept. 13
Event 06/05/2008 at 09:00 AM DEFT'S CNTR MTN TO DISMISS & CNTRMTN TO COMPEL A SHAREHOLDERS' MEETING/03
Heard By Denton, Mark R.
Officers Sue Burdette, Court Clerk
Cynthia Georgilas, Reporter/Recorder
Parties 0001 - P1 Boyden, Anthony No
008721 West, Ryan R. Yes
0002 - D1 Walther, Marc No
0003 - P Americhip International Inc No
0004 - D Rutkowski, Edward No
0005 - D Schwanitz, Thomas No
010515 Bhirud, Ketan D. Yes
005435 Naylor, John M. Yes
0006 - CO Shwanitz, Thomas No
0007 - CO Americhip International Inc No
0008 - DC Boyden, Anthony No
Arguments by Mr. Naylor and Mr. West as to the shareholders' meeting, NRS
78.330; demand issue; and facts alleged in the Complaint. Colloquy
regarding the Americhip International Inc being a derivative corporation.
Upon Court's inquiry as to holding a shareholders' meeting even if there was
one, Mr. West referred to the expense of noticing and hosting the meeting.
Following further arguments, COURT referred to the hearing Monday, and noted
this is presented as a countermotion relative to a Motion that was
withdrawn; and ORDERED, Deft's Countermotion to Compel a Shareholders'
Meeting GRANTED but thinks that in all fairness, the issue relative to the
complaint needs to be further flushed out as to whether it is a viable
complaint; and ORDERED, Deft's Countermotion to Dismiss DENIED WITHOUT
PREJUDICE to renewal as the Court does not think it has been framed at this
point to a legal certainty that a claim has been made.
Mr. Naylor to prepare the Order. Upon Mr. West's inquiry, Mr. Naylor stated
he is in contact with some of the directors; will talk with counsel; and
requested that the issue as to Mr. Schwanitz be taken off the table. Mr.
West requested that be included in the Order, and COURT SO ORDERED. |
