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the other day to the Bankruptcy Court handling SCO's bankruptcy that the Stephen Norris deal SCO announced (then withdrawn with a promise to make it better) might be bogus, we naturally wondered if there was anything new that Novell knows that caused them to say that.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


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