Assigned to Honorable R. Gary Klausner Courtroom 850 Upon the Stipulation of Plaintiff AB Investments, LLC and Defendants Regal One Corporation, Malcolm Currie, Carl Perry, Neil Williams and Charles J. Newman the Court hereby enters judgment as follows:
One on its Counterclaim/Third Party Complaint for Interpleader, dismissing with prejudice the Counterclaim/Third Party Complaint for Interpleader in its entirety. ABI is currently entitled to receipt of the Neuralstem Certificate and Regal One Certificate, and immediate transfer of the shares represented thereby, and any Interpleader Defendant (including Allen Gelbard) who claims a right to or interest in the Neuralstem Certificate or Regal One Certificate, or the shares represented thereby, may not prevent transfer of those certificates and shares to ABI and may only assert their claims against ABI, and not against Regal One. The Court further orders that the Neuralstem Certificate, which was mistakenly issued in the incorrect name of "AB Investments, Inc." is deemed corrected to read as issued to: AB Investments LLC, a Colorado limited liability company, 4869 Buffalo Creek Drive, Evergreen, Colorado 80439.
One and in favor of ABI only to the extent of granting the equitable relief of specific performance that is sought in the First Amended Complaint's Second Claim for Relief (Specific Performance of Agreement to Deliver the Neuralstem Certificate Against Regal) and Seventh Claim for Relief (Specific Performance of Agreement to Deliver the Regal One Certificate Against Regal). Regal One shall deliver the Neuralstem Certificate and the Regal One Certificate to ABI, at the address designated by ABI or its counsel, within five (5) business days of the entry of this judgment. No damages are awarded as part of this judgment.
C. In favor of all Defendants, dismissing with prejudice all other Claims for Relief, causes of action and requests for remedies asserted in the First Amended Complaint against Regal One and against all other Defendants.
D. All Parties shall bear their own costs and attorneys fees.
PERKINS COlE LLP By: lsi Joseph E. Mais
Joseph E. Mais Brian C. Lake Steven C. Gonzalez Attorneys for Defendants Regal One Corporation and Charles J. Newman
CONKLE, KREMER & ENGEL, PLC Mark D. Kremer Jonathan Medrano Attorneys for Defendants Malcom Currie, Carl Perry and Neil Williams
HINSHAW & CULBERTSON LLP Desmond J. Hinds Eric C. Peterson Rosslyn (Beth) Hummer Attorneys for Plaintiff AB Investments, LLC
© 1992-2010 VersusLaw ...