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Crimson Capital LLC et al v. Spartan Group Holding, Steven Norris, et al

By Pamela Jones et al.

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the other day to the Bankruptcy Court handling SCO's bankruptcy that the Steven Norris deal SCO announced (then withdrawn with a promise to make it better) might be bogus, we naturally wondered if there was anything new that Novell knows that caused them to say that.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

Full post as published by Groklaw on September 11, 2008 (boomark / email).