DEFENDANTS / COUNTERCLAIM PLAINTIFFS’ MOTION FOR

DEFENDANTS / COUNTERCLAIM PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST PLAINTIFF / COUNTERCLAIM DEFENDANT RICHARD G. PESTELL, M.D., PH.D.
Defendants / Counterclaim Plaintiffs CytoDyn Inc. and CytoDyn Operations Inc (collectively, “Defendants”), by and through their undersigned counsel, respectfully move, pursuant to Fed. R. Civ. P. 56, for the entry of an Order granting partial summary judgment in their favor and against Plaintiff / Counterclaim Defendant Richard G. Pestell, M.D., Ph.D. (“Plaintiff”) regarding Plaintiff’s claim for monetary damages under the “Madison Fund Rule” arising out of his inability to sell CytoDyn Restricted Shares, regarding Count 4 of Plaintiff’s Third Amended Complaint (“Count 4”) (for Defamation), and regarding Defendants’ Counterclaims 3 and 4 (for breach of the Employment Agreement and Covenants Agreement).
In support of their motion, Defendants respectfully refer to and rely upon the Opening Brief and Declaration of Christopher Viceconte and the Exhibits thereto, submitted herewith.
For the reasons stated therein, Defendants respectfully request that their motion be granted and that partial summary judgment be entered in their favor and against Plaintiff: 1) precluding Plaintiff’s claim for monetary damages under the “Madison Fund Rule” arising out of his inability to sell CytoDyn Restricted Shares; 2) entering judgment in their favor and against Plaintiff as to Plaintiff’s Count 4 (for Defamation), or in the alternative, entering partial summary judgment in their favor, precluding Plaintiff’s claim for damages relating to Count 4; and 3) entering judgment in their favor and against Plaintiff as to Defendants’ Counterclaims 3 and 4 (for breach of the Employment Agreement and Covenants Agreement), precluding Plaintiff from receiving any Severance Payments.
A proposed form of Order is submitted herewith.
[Case 1:19-cv-01563-RTD Document 111 Filed 01/14/22]