RE: Cali Case - Stipulation to Dismissed has been filed11 Apr 2023 04:03
Again, thank you Looed for staying on top of this and informing us in a timely manner. All shareholders remain on tenter hooks until we can clear this major US court case with Hope&OMF. So the Order has been prepared and submitted to Judge Seerborg for sign off, which should (presumably) now be an administrative process. Also, interestingly, it states on this Order that the original start of the Cali Case was on 14th April 2019, meaning it’s nearly 4 years in the making, so only God knows how much legal expense has been racked up by each party during this period. So therefore, good to read that each party will assume it’s own legal costs.
Furthermore, the case is being dismissed as ‘with prejudice’ but what does this mean in legal terms? Well, when a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court. So here, FRR are forgoing any future Fiduciary action against Hope in Cali (but I’m no legal eagle).
Ultimately, and on the face of it, this has to be a positive development but until we see the finer details, it difficult to conclude with any degree of certainty. But it is unlikely that we will get to know what settlement has been reached as these typically are highly confidential. First signal may be Hope’s intentions in the Texas case where he trying to enforce the personal guarantees against SN and ZM. If this action also falls away, it is safe to assume that a wider agreement has been reached between the two protagonists.
In the meantime, if Mr Looed can reach out to his contact at FRR to get some kind of signal on this development, it will help to put some of our minds to rest.
I thank you again.