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litton51

01/01/12 10:11 AM

#53301 RE: Eli's Gone #53292

Happy New year to you, too. Nice day here. Sunny, cold, calm. Wife and I are spending the day watching movies.
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bacatcha

01/01/12 4:40 PM

#53325 RE: Eli's Gone #53292

Delaware lawsuit:

There is a lawsuit in Delaware to overturn the removal of DHW and appointment of Carlos Di Colloredo-Mels. It was filed in the New Castle Court of Chancery on December 23, 2011 - Case No.: 7140-VCL. The complaint and claims are essentially the same as those raised in William's LA County Court cross petition - which was denied. I have very limited access to the docket and documents but will try to follow and report progress.

Settlement:

My understanding is that the material terms of the settlement agreement must, at a minimum, be filed with the U.S. Securities and Exchange Commission as a part of the 3rd or 4th quarter 10Q unless an application under Rule 24b-2 requesting confidential treatment is filed and granted - both of which seem unlikely. HOWEVER, given that Calypso has not filed a 10Q in more than 3 years, we could see the settlement as an 8K (I don't think the prior 8K announcement was sufficient) or we may not see this until the SEC filings are properly updated.

Why doesn't someone just ask Cristian to release a copy??