decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Crimson Capital LLC et al v. Spartan Group Holding, Stephen Norris, et al
Thursday, September 11 2008 @ 01:35 PM EDT

When Novell suggested the other day to the Bankruptcy Court handling SCO's bankruptcy that the Stephen Norris deal SCO announced (then withdrawn with a promise to make it better) might be bogus, we naturally wondered if there was anything new that Novell knows that caused them to say that.

Then today, a comment was left by stats-for-all that there is a lawsuit against Norris alleging breach of contract, breach of fiduciary duties, shareholder oppression, and (in the alternative) unjust enrichment and promissory estoppel, Crimson Capital LLC et al v. The Spartan Group Holding, LLC et al. It was originally filed in Supreme Court, County of New York, in New York State, Case Number: 601873-08, at the end of July. That's not "supreme" as in highest court in the state, by the way. It's where you begin a civil action of this type in New York State. I have no idea why they name it that way, but they do.

Then there was an effort to move the case to federal court, specifically to U.S. District Court for the Southern District of New York, where it has docket number 1:08-cv-06554. But on September 2nd, the presiding judge, Judge John F. Keenan, decided his court lacked jurisdiction and remanded it back to state court. I have the documents for you.

Here they are, in reverse time order, from the federal district court's docket:

The plaintiffs group is Crimson Capital LLC and Michael Staisil.

The defendants group is Spartan Group Holding Company, LLC, Spartan Investment Partners LP, Spartan Investment Associates LP, Spartan Partners GP, LLC, Spartan Capital Management, LLC, Stephen Norris Capital Partners LLC, Stephen Norris, M82 Group LLC, Marshall Manley, DDD Ventures LLC, Dennis Dammerman, GE Asset Management Incorporated, Inflexion Capital Partners, LP, ABC LLC, DEF LLC, UVW LP, and XYZ LP.

Here's the docket from the federal court, so you can see the full narrative of what's happened so far:

1 - Filed: 07/23/2008
Entered: 07/25/2008
Notice of Removal
Docket Text: NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 601873-08. (Filing Fee $ 350.00, Receipt Number 657535).Document filed by Spartan Partners GP, LLC, Spartan Capital Management, LLC, M82 Group LLC, Marshall Manley, DDD Ventures LLC, The Spartan Group Holding, LLC, Spartan Investment Partners LP, Spartan Investment Association LP, Dennis Dammerman.(rdz) (Additional attachment(s) added on 7/25/2008: # (1) Exhibit) (rdz). Modified on 7/25/2008 (kkc).

2 - Filed: 07/23/2008
Entered: 07/25/2008
Rule 7.1 Corporate Disclosure Statement
Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Spartan Partners GP, LLC, Spartan Capital Management, LLC, M82 Group LLC, DDD Ventures LLC, The Spartan Group Holding, LLC.(rdz)

3 - Filed & Entered: 07/25/2008
Answer to Complaint
Docket Text: ANSWER to Complaint., COUNTERCLAIM against Crimson Capital LLC, Michael Staisil. Document filed by Spartan Partners GP, LLC, Spartan Capital Management, LLC, M82 Group LLC, Marshall Manley, DDD Ventures LLC, Dennis Dammerman, The Spartan Group Holding, LLC, Spartan Investment Partners LP, Spartan Investment Association LP. (Attachments: # (1) Exhibit A Part 1, # (2) Exhibit A Part 2, # (3) Affidavit of Service)(Hibsher, William)

4 - Filed & Entered: 08/11/2008
Notice of Appearance
Docket Text: NOTICE OF APPEARANCE by Paul H. Aloe on behalf of Spartan Partners GP, LLC, Spartan Capital Management, LLC, M82 Group LLC, Marshall Manley, DDD Ventures LLC, Dennis Dammerman, DEF LLC, The Spartan Group Holding, LLC, Spartan Investment Partners LP, Spartan Investment Association LP (Aloe, Paul)

-- Filed: 09/02/2008
Entered: 09/05/2008
Case Remanded Out - State Court
Docket Text: CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via Federal Express AIRBILL # 8655711252520215 on 9/5/2008. (jfe)

5 - Filed & Entered: 09/02/2008
Order
Docket Text: ORDER OF REMAND: the matter having been reviewed by substitute counsel, and on the suggestion that of subject matter jurisdiction is lacking, this case is hereby remanded to the Supreme Court, the State of New York, County of New York. (Signed by Judge John F. Keenan on 9/2/2008) (tve)


  


Crimson Capital LLC et al v. Spartan Group Holding, Stephen Norris, et al | 95 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections
Authored by: grouch on Thursday, September 11 2008 @ 01:42 PM EDT
Corrections here -- please include context so it can be found easily.

Thanks!

---
-- grouch

GNU/Linux obeys you.

[ Reply to This | # ]

El Corton deserve "original poster" credit
Authored by: stats_for_all on Thursday, September 11 2008 @ 01:43 PM EDT
I merely forwarded the docs to Groklaw.

[ Reply to This | # ]

News Picks
Authored by: grouch on Thursday, September 11 2008 @ 01:44 PM EDT
Which News Pick do you want to discuss?

---
-- grouch

GNU/Linux obeys you.

[ Reply to This | # ]

Off Topic
Authored by: grouch on Thursday, September 11 2008 @ 01:46 PM EDT
Discuss off topic here, please. Off the wall? Maybe.

---
-- grouch

GNU/Linux obeys you.

[ Reply to This | # ]

The non-supreme Supreme Court in New York
Authored by: IANALitj on Thursday, September 11 2008 @ 02:40 PM EDT
In New York State, as elsewhere, there are trial courts of various kinds, with
different jurisdictions. Different courts cover different geographical areas,
and also different courts deal with different kinds of cases. Appeals from the
trial courts are taken to appellate courts.

In New York, the highest appellate court is called the Court of Appeals, not the
Supreme Court. This is a matter of history; a court called the Supreme Court
existed first, and then the Court of Appeals was created to hear appeals from
it. There are also levels of intermediate appellate courts.

With minor exceptions, the Supreme Court of the State of New York has
theoretical jurisdiction over all matters. However, as a practical matter, it
does not try cases for which other New York courts also have jurisdiction. This
means that it serves as the trial court for the most serious civil matters
throughout the state, and also for serious criminal cases in New York City.

----------
IANALitj

[ Reply to This | # ]

Are we sure it is the same "Steven Norris"?
Authored by: Anonymous on Thursday, September 11 2008 @ 07:05 PM EDT
Could it just be a coincidence?

[ Reply to This | # ]

OPM - Stephen Norris, et al
Authored by: rsteinmetz70112 on Friday, September 12 2008 @ 02:45 PM EDT
Like all financial wizes Stephen Norris seems to have great ideas of making
money for himself using Other Peoples Money.

The types of schemes usually involve large transaction fees for relatively
little work and exposure to risk. Often the deals themselves are speculative and
don't work out in the end, but that is several years later and all of the deal
makers have all moved on to bigger and better deals.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

  • Hey I know ..... - Authored by: Anonymous on Friday, September 12 2008 @ 02:54 PM EDT
The Crimson Permanent Assurance
Authored by: Tweeker on Saturday, September 13 2008 @ 07:50 AM EDT
Is all I could think of on reading the headline.

---
Be sure your foil hat has a good low impedance ground.

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )