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Boccardi Capital Systems Appeals Decision to Dismiss Its Case Against D. E. Shaw Laminar Portfolios, LLC Filed in U.S. District Court, Southern District Of New York in 2005
| Source: Boccardi Capital Systems
LAS VEGAS, NV--(Marketwire - June 8, 2009) - Boccardi Capital Systems has
filed its appeal of the decision to dismiss its case, Boccardi Capital
Systems vs. D. E. Shaw Laminar Portfolios LLC, previously pending in
the United States District Court for the Southern District of New York in
Manhattan, which was heard by the Honorable George B. Daniels. The
complaint was filed in 2005. The motion to dismiss was heard on April
13, 2006. The Court issued its ruling on February 9, 2009, without
permitting an opportunity for discovery.
Boccardi Capital Systems (Boccardi) pursued its case
against D. E. Shaw Laminar Portfolios LLC (Shaw), in connection with
Riviera Holdings (Issuer), owner of the Riviera Hotel & Casino in Las
Vegas.
In the lawsuit, Boccardi alleges that Shaw misused information that it
obtained from Boccardi, pursuant to a Confidentiality and Use
Restriction Agreement concerning an investment opportunity in
connection with Riviera Holdings. After obtaining from Boccardi
relevant information, which included, but was not limited to, access
to a substantial block of stock of the Issuer unknown to the public,
and of strategic value, Boccardi alleges in its Complaint that Shaw
obtained more than nineteen million dollars in profits by investing in
Riviera, but it refused to include Boccardi in the transaction. In
its complaint, Boccardi seeks to pursue claims against Shaw for, among
other things, breach of contract, breach of fiduciary duty, and unjust
enrichment.
"The dismissal of the case in the preliminary phase after almost four
years without allowing any discovery is very surprising to us," says
Mr. Fabrizio Boccardi, President of Boccardi Capital Systems. "We are
hopeful that the decision will be reversed by the appellate court."
Boccardi intended to launch King Midas World in the casino industry,
if it would have been successful with the acquisition of Riviera
Holdings as reported by The Wall Street Journal in 2003. King Midas
World Entertainment which was launched in 2006 as a media and gaming
brand has already established a successful publishing franchise and is in
the process of developing a Major Motion Picture with preeminent
producers in the industry. This potential Blockbuster, announced and
in the active stages of development is based on the best-selling Novel
"The Seven Sins: The Tyrant Ascending," and the Tyrant, a Las Vegas
based character, both proprietary owned by King Midas World
Entertainment.
Boccardi saw opportunity at the time in debt-ridden Riviera Holdings,
much before Riviera experienced a considerable increase in value later in
2004 and 2005. Boccardi alleges to have approached Shaw, who did
not have any interest in the Issuer, in late 2003, while seeking a
Financing Partner for its plans to obtain control.
Such plans included initial acquisitions of stock in Riviera, prior of a
planned bid by Boccardi. Shaw made the initial purchases of stock in early
2004 with the acquisition of Donald Trump's shares in Riviera
and another substantial block of stock not publicly known, then, Boccardi
alleges in its Complaint, Shaw breached the agreements, kept
the stock which was supposed to be shared and used with Boccardi, and
subsequently bid alone for control of Riviera Holdings, refusing to
include Boccardi in any transaction concerning the Issuer. In its
Complaint, among other things, Boccardi alleges that contrary to
Shaw's defense allegations, it was ready willing and able to
participate in the planned transactions with Shaw concerning the Issuer.