Dave did not file a false proxy, Dave clearly did not back the shareholders forum or decide to hold it against the advise of their own attorney, so no, once again management caused this mess.
And yes, I suppose it is an alleged false proxy but if Walsh wasn't for it and I doubt Williams was, then the board could not have backed it. Making representations that the board did would tend to make it false. But I will leave each shareholder, and ultimately the court, to decide that issue.