Empire of Carolina, Inc. v. Deltona Corp.

HARTNETT, Vice Chancellor.

The plaintiff, Empire of Carolina, Inc., seeks a preliminary injunction preventing defendants from enforcing a stockholder record date set by defendants in response to the solicitation by the plaintiff of written consents seeking to remove the Board of Directors of The Deltona Corporation. The plaintiff contends that defendants, The Del-tona Corporation and its Board of Directors, acted in violation of the Delaware General Corporation Law when they established a record date after plaintiff had already established it by exercising and expressing a written consent…