Duthie v. Matria Healthcare, Inc.

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

INTRODUCTION

This case has its roots in a pending arbitration proceeding, which grew out of a merger of one of Matria’s subsidiaries—Coral Acquisitions Corp.—with CorSolutions Medical, Inc. At the time of the merger, Mr. Duthie was the Chairman and Chief Executive Officer of CorSolutions, while Mr. Con-dron was CorSolutions’ President and Chief *93Opei’ating Officer. Believing it had evidence of fraud by Messrs. Duthie and Condron in connection with the merger, Matria amended its response to Coral SR’s demand for arbitration…