DIAS v. PURCHES

Civil Action No. 7199-VCG.

JOSE DIAS, individually and on behalf of all others similarly situated, Plaintiff, v. FREDERICK E. PURCHES, ANTHONY D'AGOSTINO, ESTHER EGOZI CHOUKROUN, GLENN GOPMAN, ROBERT MITZMAN, PARLUX FRAGRANCES, INC., PERFUMIA HOLDINGS, INC., and PFI MERGER CORP., Defendants.

Court of Chancery of Delaware.

Decided: March 5, 2012.


Attorney(s) appearing for the Case

Blake A. Bennett and Gregory F. Fischer , of COOCH AND TAYLOR, P.A., Wilmington, Delaware; OF COUNSEL: Donald J. Enright , of LEVI & KORSINSKY LLP, Washington, DC, Attorneys for Plaintiff.

Elizabeth Sloan , of BLANK ROME LLP, Wilmington, Delaware; OF COUNSEL: Alvin B. Davis and Digna B. French , of SQUIRE SANDERS (US) LLP, Miami, Florida, Attorneys for Defendants Parlux Fragrances, Inc., Frederick E. Purches, Glenn Gopman, Robert Mitzman, Esther Egozi Choukroun, and Anthony D'Agostino.

Raymond J. DiCamillo and Kevin M. Gallagher , of RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware; OF COUNSEL: John J. Tumilty , of EDWARDS WILDMAN PALMER LLP, of Boston, Massachusetts, Attorneys for Defendants Perfumania Holdings, Inc., and PFI Merger Corp.


MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

This matter is before me on the Parlux Defendants' Motion to Stay. The facts, briefly, are as follows. On December 23, 2011, Defendant Perfumania Holdings, Inc. ("Perfumania"), announced an agreement to acquire Parlux Fragrances, Inc. ("Parlux"). On January 5, 2012, Shirley Anderson, purportedly a stockholder of Parlux, filed an action challenging the acquisition in a Florida state court...

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