Duthie v. Matria Healthcare, Inc.

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

INTRODUCTION

In December 2005, one of Matria Healthcare’s subsidiaries, Coral Acquisitions Corp., merged with CorSolutions Medical, Inc. in a deal valued at almost a half billion dollars. Complex transactions generally beget complex documentation. This one was no exception. The Agreement and Plan of Merger (“Merger Agreement”) spanned 71 single-spaced pages, and critical provisions turned in on themselves with the endless sinuosity of a Móbi-us strip. 1 Like most agreements of its kind, it provided for post-closing…