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
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
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.
Defendant seeks the following relief:
a. Dismissing the remaining claims of Macrophage in their entiretyand 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.