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While I recognize that prohibiting a stockholder from exercising her franchise rights can amount to irreparable harm, in this case, any such harm is, in large measure, self-inflicted.

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Inexplicably, no appeal has been filed, and no expedited treatment has been sought. Plaintiffs cannot now, claiming irreparable harm, ask the Court to grant a motion that essentially affords them the injunctive relief they were denied in the plenary action in order to relieve time pressure caused by a build-up of steam they themselves helped to generate.

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As Defendants observe, Plaintiffs bid to force CytoDyn to delay its annual meeting might reasonably be viewed as a belated attempt at a do-over. Regardless of the results of the appeal, having disrupted and delayed the conduct of the duly noticed annual meeting, Plaintiffs may well have the opportunity to submit a new nomination notice that corrects the significant deficiencies in their failed notice.

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Plaintiffs will have their chance to nominate their director slate, and to do so in compliance with the advance notice bylaw, at CytoDyn’s 2022 annual meeting.

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Of course, Plaintiffs neglect to mention that the Company has made that identical public disclosure on a regular basis for more than a decade. . . . This is not at all surprising given that CytoDyn is a clinical stage biopharmaceutical company that has yet to bring a product to market.

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