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SIMPLE GLOBAL, INC. v. BANASIK

C.A. No. 2018-0809-PAF.

SIMPLE GLOBAL, INC., Plaintiff/Counterclaim Defendant, v. DARIUS BANASIK, Defendant/Counterclaim Plaintiff.

Court of Chancery of Delaware.

Decided: June 24, 2021.

Attorney(s) appearing for the Case

Thomas G. Macauley , MACAULEY LLC, Wilmington, Delaware; Attorney for Simple Global, Inc.

Peter K. Schaeffer, Jr. , AVENUE LAW, Dover, Delaware; Attorney for Darius Banasik.

MEMORANDUM OPINION

FIORAVANTI, Vice Chancellor.

The narrow issue to be decided in this post-trial opinion is whether Defendant Darius Banasik was validly removed as a director of Plaintiff Simple Global, Inc. ("Simple Global" or the "Company") at a special meeting of stockholders on July 31, 2018. To decide that issue, the court must determine whether the two stockholders that voted to remove Banasik owned a majority of the Company's outstanding...

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