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FLAA v. MONTANO

Civil Action No. 8632-VCG.

MICKAEL FLAA, Plaintiff, v. DANIEL C. MONTANO, VIKTORIYA T. MONTANO, JOHN W. JACOBS, ERNEST C. MONTANO, ERNEST MONTANO III and JOONG KI BAIK, Defendants.

Court of Chancery of Delaware.

Decided: October 4, 2013.

Attorney(s) appearing for the Case

Richard P. Rollo , of Richards, Layton & Finger, P.A.; Of Counsel: Barry F. Cannaday , of Dentons US LLP, Attorneys for the Plaintiff.

David L. Finger of Finger & Slanina, LCC, Attorneys for the Defendants.

MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

The Plaintiff brings the action before me under 8 Del. C. § 225. He seeks to confirm the removal of members of the board of CardioVascular BioTherapeutics, Inc. ("Cardio") by written stockholder consent, supposedly effective as of June 7, 2013.1 The Defendants, directors purportedly displaced by the written stockholder consent (the "Consent Action"), challenge the validity...

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