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RESPLER ON BEHALF OF MAGNUM HUNTER RES. v. EVANS

Civ. No. 13-1097-SLR

17 F.Supp.3d 418 (2014)

Mark RESPLER, Derivatively ON BEHALF OF MAGNUM HUNTER RESOURCES CORP., Plaintiff, v. Gary C. EVANS, J. Raleigh Bailes, Brad Bynum, Victor Carrillo, Stephen C. Hurley, Joe L. McClaugherty, Ron Ormand, Steven Pfeifer, Jeff Swanson, Fred J. Smith and David Kreuger, Defendants, and Magnum Hunter Resources Corp., Nominal defendant.

United States District Court, D. Delaware.

February 18, 2014

Attorney(s) appearing for the Case

Ryan M. Ernst , O'Kelly, Ernst, & Bielli, LLC, Wilmington, DE, for Plaintiff.

Cathrine G. Dearlove , Kelly E. Farman , A. Jacob Werrett , Richards, Layton & Finger, PA, Wilmington, DE, for Defendants.

MEMORANDUM

SUE L. ROBINSON, United States District Judge

At Wilmington this 18th day of February, 2014 having reviewed defendants' motion to transfer venue or in the alternative to dismiss or stay (D.I. 4), defendants' supplemental motion to dismiss based on collateral estoppel (D.I. 25), and the papers submitted in connection therewith; the court issues its decision based on the following analysis:

1. Background. On June 18, 2013, plaintiff...

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