I rarely sticky my posts, but this one is a keeper.
Those Dog Patch boys, may have produced a crappy movie, but I will say, their attorney captured the essence of HHSE's standard operating procedure. As follows:
That at all relevant times, Separate Defendants, Parkinson, Shefte, Sims, and Sargent, owned or maintained an interest in Hannover and/or Medallion and conducted and managed its day-to-day operations. The Separate Defendants, Parkinson, Shefte, Sims, and Sargent, were fully aware of and authorized the conduct undertaken in carrying out the day-to-day operations of Hannover and/or Medallion, including the ongoing and continued evasion of the obligations owed to the Plaintiff pursuant to the Agreement. The Separate Defendants, Parkinson, Shefte, Sims, and Sargent, undercapitalized Hannover and/or Medallion in an effort to defraud the Plaintiff and other creditors. The Separate Defendants, Parkinson, Shefte, Sims, and Sargent, abused the corporate form to further their personal interests. The Separate Defendants, Parkinson, Shefte, Sims, and Sargent, used Hannover and/or Medallion to enter into third party contracts with the intent to avoid performance by use of the corporate entity and protections as a shield against personal liability and used the corporate identity as a subterfuge for illegal acts. The Separate Defendants, Parkinson, Shefte, Sims, and Sargent, used Hannover and/or Medallion as a corporate shield to perpetrate a fraud, evade the law and defeat the ends of justice that would require payments owed to Plaintiff pursuant to the Agreement Injustice will occur if Plaintiff is not permitted to recover the amount owed pursuant to the Agreement. The above listed conduct by the Separate Defendants, Parkinson, Shefte, Sims and Sargent, used Hannover and/or Medallion, such that the corporation(s) was/were a mere instrumentality, or alter ego, of these individual Defendants. The Plaintiff reasonably anticipates that discovery will reveal additional evidence showing that separate Defendants, Parkinson, Shefte, Sims, and Sargent, disregarded corporate formalities in their operation of Hannover and or/ Medallion, failed to maintain adequate corporate records with regard to their operations of Hannover and or/ Medallion, undercapitalized Hannover and/or Medallion and transferred assets from Hannover and/or Medallion to a different company to defraud creditors.
