Statement of Undisputed Facts — United States ex rel. James R. Berkley v. Ocean State, LLC (Dkt. 68, D.R.I.)

Summary

The relator's statement of undisputed material facts under LR Cv 56(a) in support of his motion for partial summary judgment, C.A. No. 1:20-cv-00538-JJM-PAS, in the U.S. District Court for the District of Rhode Island, dated January 6, 2025 and filed as Dkt. 68. It states that NHC Fund I and its affiliates owned 84% of Ocean State Holdings, LLC, whose board gave three New Harbor Representatives, Ed. Lhee, Tom Formolo and John Pircon, three votes each. It states that Ocean State's CEO was John Roselli, an Operating Partner at New Harbor Capital, and that the New Harbor Representatives were ensured a controlling vote on the Fyzical Holdings board. The closing paragraphs state that the MSJ Defendants did not identify a single source of alleged public disclosure in their interrogatory answers. It is signed /s/ by Eric E. Renner.

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