Red Oak Fund, L.P. v. MacKenzie Partners, Inc.

*528The complaint alleges that plaintiff orally retained defendant to provide proxy solicitation and other related services in connection with its proxy contest involving nonparty CLST Holdings, Inc., and that it requested that defendant send the notice of annual meeting to all CLST shareholders but that defendant only sent the notice to some of the shareholders, thereby requiring the cancellation of the annual meeting, damaging the value of plaintiffs stock and causing other related damages contemplated by the parties.

Affording the complaint a liberal construction and according plaintiff the…