In New Growth Capital, LLC v. Excel Marketing Solutions, Inc., C.A. No. 6067-VCN (Nov. 29, 2012), the Court of Chancery reviewed Defendant Excel’s motion to compel compliance with the Court’s Order and Decree of Judicial Dissolution of Open Channel Interactive, LLC (the “Order”).
Excel asserted that the Liquidator of Open Channel Interactive, LLC did not provide the information which the Order required him to deliver to the members of Open Channel, including Excel. The Order required the Liquidator to provide specified set of documentation.
In denying the motion, the Court held that the Liquidator substantially complied with those duties, and that Excel sought information beyond the scope of the Order, but did not demonstrate that it was entitled to such information. The Court stated that the Liquidator substantially complied with the Court’s order, and accordingly the Court denied Excel’s motion for compliance with the Order.