(Total Views: 492)
Posted On: 08/16/2021 11:39:38 PM
Post# of 145871
Just read the post 12(b)(6) Motion to dismiss…first of all…Judges don’t like colorful language like “odious” in describing the opposite party…the first 11 pages read like an argument written by a novelist…second…the Defendants basic admit they gave false information but have now fixed their false statements…and be they started telling the truth…the Court should find the lawsuit moot…that’s like saying “ok…you caught us”….”but we fixed our lies so no need to sue us”…not a strong argument…I will admit they have some case law that is supportive…but the 12(b)(6) standard is very low…all Plaintiffs must do is “state a claim upon which relief can be granted”…the corrections by the Defendants in effect says the “Plaintiffs stated a claim…but we changed every so now they don’t”…not real strong…the real story is asking g the court not to let CYDY expedite discovery…and they say it also benefits CYDY be of their financial situation…what they are really saying is “don’t let them take our deposition before we can force a vote”…the Defense clearly doesn’t like to thought of CYDY’s lawyers getting documents and asking questions before a proxy vote…same game…hide…deceive…buy time…the Motion to Dismiss will be denied…discovery will move forward but maybe not expedited…and the Court will most likely allow CYD BoD to elect 2 new members…I will keep saying it…this is years of litigation…Defense wants a quick out…very doubtful they get it
Taken From YMB and I agree with what is said here
Taken From YMB and I agree with what is said here
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