The correct statement is that the Kllubbhaus and KIAN KAMAL KIAN are hoping and begging to intervene, butt despite the passage of many months since the motion to intervene there are zero signs that such a wish is likely to be granted, and several signs indicating that it will nott succeed.
In this matter both Chanboned and UOIP have separate, independent legal counsel repping them. Their is no ripe claim for UOIP shareholder-victims to bring. Shareholders cannot show that they have suffered any injury or have any right to any portion of the dwindling pot - at this time. Fingerling and his funders have no standing to intervene. As you have pointed ~OUTT previously, DEIRDRE is the one with a shareholder derivative suit pending in NC, so the Federal District court in Delaware has no basis to join Das Klubbhaus and KIAN KAMAL KIAN to the CBV case as derivative representatives standing in for UOIP.
And, DaCourt has had this intervention motion since it was first raised by Radar and the Realtor - and all Judge Norieka does is basically ignore it. Everything just moves forward and the motion to intervene is ignored. This is nott an impleader situation - none of the parties to the action support the Fingering/Klubbhaus motion nor have any of them brought such an impleading motion.
The fact that she has ignored the Radar/FInger motions and letters while she lets discovery, motions practice, and a potential scheduling order to proceed with~OUTT indicates that if she were somehow forced to rule now, she would deny the motion. However, she has no reason to do this now when she can always do it later - in case something unforeseen happens whereby circumstances change and Klubbhaus/KIAN KAMAL KIAN do in the future develop standing to intervene. AND with the DEIRDRE derivative suit pending in NC, IF there was or became a basis for shareholder-victims to intervene in the CBV case via a shareholder derivative claim vs UOIP, the judge in DE would be unlikely to recognize Fingering and the KIAN/Klubbhaus gang as the appropriate representatives in view of DEIRDRE’s already-pending derivative claim in NC.
At some point, she will rule, and unless something unforeseeable occurs whereby UOIP shareholders have a ripe claim to a direct financial interest they have (and remember, there is no duty on UOIP to just hand over the residual shekels to all the common stock shareholders - UOIP can spend the munny (if ANY) any way it chooses - and Billy has majority share votes), then I strongly expect that she will deny the motion to intervene.
Butt, as you korreckly stated, the fun never stops here. At least from my standpoint.
