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GRAY v. FURIA ORGANIZATION, INC.

No. 94 Civ. 8878.

896 F.Supp. 144 (1995)

Richard GRAY, Individually and Derivatively on Behalf of The FURIA ORGANIZATION, INC., Plaintiff, v. The FURIA ORGANIZATION, INC., Ronald W. Kuzon, Waylon E. McMullen, Franco Nocito, Steven Nocito, and David B. Slater, Defendants.

United States District Court, S.D. New York.

August 22, 1995.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P.C., New York City (Richard F. Horowitz, of counsel), for plaintiff.

Joel Held, c/o John J. Phalen, New York City, for defendants The Furia Organization, Inc., Waylon E. McMullen, Franco Nocito and Steven Nocito.

Waylon E. McMullen, Dallas TX, for defendants Ronald W. Kuzon and David B. Slater.

OPINION AND ORDER

STANTON, District Judge.

Plaintiff Richard Gray, a shareholder in The Furia Organization ("Furia"), sues Furia and its officers and directors under section 13(a) of the Securities Exchange Act of 1934 to compel Furia to file certain reports with the Securities and Exchange Commission. He also asserts claims under state law for conversion and breach of fiduciary duty.

Both Gray and the defendants move pursuant to Fed.R.Civ.P. 56...

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