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Navidea Biopharmaceuticals, Inc.

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Msg  33394 of 33626  at  11/29/2020 5:18:46 PM  by


 In response to msg 33393 by  FIRAC
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Re: Delaware trial

   I was able to retrieve the "Public Version" of the pre-trial stipulations, from which I was able to learn absolutely nothing that would be IMO important to investors.  The public version has been scrubbed of what one party or the other deemed "confidential information" .  Nothing could be learned about Manocept research and development, pending patents or anything else science related (including competition) and nothing on the financial side such as how close MT was to getting other investors, partnerships, JVs etc. and how the unlawful actions taken by MG effected each of these.
  Those who read my last post may have noticed an incorrect statement I made when I reported that the documents filed in this case (available to the public) did not "specify what damages (in terms of money) NAVB suffered as a result of the voided actions".  That should have been what damages Macrophage Therapeutics suffered.  NAVB is not a party to this Delaware case and damages to NAVB are not at issue.  That is for the New York US Dist.Ct. case.  It will be helpful to the NY case if MG is found to have breached his fiduciary duties by the Delaware Chancery Ct., even if there are only nominal damages to MT.  Also, anything said in the Del. trial can be used in the NY proceeding (testimony under oath is an exception to the hearsay rule).
  More details from Public Version of Stipulation:


A. Plaintiff

 Plaintiff requests the following relief:
a. declaring that Defendant breached his fiduciary duties of loyalty,
care, disclosure, and candor to Macrophage, the Macrophage Board, and its stockholders;

b. declaring that Defendant is liable of conversion for (i) unilaterally transferring all of Macrophage's intellectual property rights to M1M2 without proper authorization for such transaction under the DGCL, and (ii) refusing to provide Macrophage, the other directors of Macrophage, and its stockholders with all of or reasonable access to the records effecting Defendant's self-dealing transactions;

c. awarding Macrophage damages for Dr. Goldberg's breaches of fiduciary duty and conversion in an amount to be determined at trial;

d. awarding Macrophage damages for Dr. Goldberg's contempt of the Court's March 13, 2019 Order Maintaining the Status Quo in an amount to be determined at trial;

e. awarding Macrophage its costs of court and reasonable attorneys' fees and expenses incurred in this action; and

f. awarding Macrophage such other relief as the Court finds equitable, appropriate, and just.

B. Defendant

Defendant seeks the following relief:
a. Dismissing the remaining claims of Macrophage in their entirety
and denying Macrophage damages or relief in any amount or form; and

b. Awarding Dr. Goldberg his costs, including attorney's fees, in this action. In addition, Dr. Goldberg still seeks costs and fee shifting as requested in his motion to compel.

Also of interest:

Plaintiff expects to call the following witnesses live at trial:

a. Dr. Michael M. Goldberg
  1. Jed Latkin
  2. Dr. Claudine Bruck
  3. Michael Y. Rice
  4. Joel Kaufman
  5. Dr. Mark I. Greene
  6. William M. Mower, Esq.

Dr. Goldberg states that he may proffer one or more of the following individuals as witnesses in this action:

  1. Jeffrey Arnold
  2. Claudine Bruck
  3. Mark Greene
  4. Michael Goldberg
  5. Joel Kaufman
  6. Barry Kazan
  7. Jed Latkin
  8. David Ralph
  9. Michael Rice
  10. Michael Rosol
 Final note:  The Court ruled that MG may not call Barry Kazan (MT's lead attorney) as a witness.

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Msg # Subject Author Recs Date Posted
33395 Re: Delaware trial moneyonomics 3 11/29/2020 7:02:19 PM

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