LEGAL PROCEEDINGS
−Removed: We were a defendant in litigation with David Clapper and related entities (collectively, "Clapper”) regarding a multifamily property transaction that occurred in 1988.
+Added: We were a defendant in litigation instituted by David Clapper and related entities (collectively, "Clapper”) regarding a multifamily property transaction that occurred in 1988.
The litigation led to a substantial judgment against our affiliate and Clapper subsequently sued numerous other entities including us in Federal Court to collect that judgment.
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The jury found the defendants owed Clapper nothing and the Court issued a take nothing judgment.
−Removed: Clapper subsequently filed and appeal to the US Fifth Circuit Court of Appeals, which has the case under review.
−Removed: In February 2019, Paul Berger ("Berger") filed suit against us and others that IOR completed improper sales and/or transfers of property.
−Removed: Berger sought to proceed derivatively and directly, requested a payoff of various related party loans to IOR and that IOR then distribute the funds to its stockholders.
−Removed: After discovery and motions to dismiss substantial portions of the complaint, on June 28, 2022, Berger sought to voluntarily dismiss the action for reasons stated in the motion.
−Removed: The parties have not entered into any settlement, and neither Berger nor their counsel has received any consideration for the voluntary dismissal.
−Removed: On January 4, 2023, the United States District Court entered a formal order that dismissed the action with prejudice.
−Removed: We are defendants in litigation related to a property sale ("Nixdorf") that was that was completed in 2008, which was tried to a jury in March 2023.
−Removed: On March 18, 2023, the jury in the case returned a “Plaintiff take nothing” verdict in our favor.
−Removed: If judgment is finally rendered by the Court confirming the jury verdict, Plaintiff may well appeal.
+Added: Clapper subsequently filed an appeal to the US Fifth Circuit Court of Appeals, and on March 8, 2024, the court reversed the judgment and remanded the case for further proceedings.
MINE SAFETY DISCLOSURES
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.