District Court Rules in
Favor of CLST Directors Kaiser, Durham, Tornek and Dismissed Derivative Claims
by Red Oak Partners LLC, ET. AL
DALLAS, Oct. 13
/PRNewswire-FirstCall/ CLST Holdings, Inc. (Pink Sheets: CLHI) announced
today that on October 9, 2009 after a two day evidentiary hearing, the
Honorable James M. Stanton of the 134th District Court of Dallas County, Texas
DISQUALIFIED
Red Oak Partners,
LLC and its affiliates as plaintiffs,
DISMISSED
their derivative claims on behalf of the Companys stockholders, and
STAYED
all remaining
non-derivative claims asserted against defendants: We believe Judge Stantons
ruling is a strong indication that he saw Red Oaks claims as we didaggressive
and untrue accusations, made by Red Oak acting in its own commercial interest
and not in the interest of the Company or its stockholders, Robert Kaiser,
Chief Executive Officer of CLST, said. We intend to continue to vigorously
pursue our claims in Federal Court action against David Sandberg, Red Oak
Partners LLC, Red Oak Fund L.P., Pinnacle Partners LLC, Pinnacle Fund LLP, Bear
Market Opportunity Fund L.P. and Jeffery S. Jones seeking remedies against them
for violations of the federal securities laws.
Timothy
Durham, Chairman of CLST, added: The Company demonstrated to the Court that,
inconsistent with Red Oaks public statements and SEC filings, Red Oak and its
affiliates have long had a goal of acquiring control of the Company in a
hostile manner, with the expectation of operating it for their own benefit.
The Court
further ordered the Clerk of the Court to close this file and remove it from
the active docket of pending cases.
FOR MORE INFORMATION
: The foregoing is not a solicitation
of any proxy and shall not constitute an offer to sell or a solicitation of an
offer to buy the securities of CLST. For more information regarding CLST,
please refer to CLSTs revised preliminary proxy statement in connection with
its 2009 Annual Meeting, which was filed with the SEC on October 7, 2009
and is available free of charge at the SECs Web site at www.sec.gov. CLST
plans to file with the SEC and mail to its stockholders a definitive proxy
statements in connection with its 2009 Annual Meeting.
Investors
and security holders are urged to read the revised preliminary proxy statement,
the definitive proxy statement relating to the 2009 Annual Meeting and any
other relevant documents filed with the SEC when they become available, because
they will contain important information
. Investors and security
holders may obtain a free copy of the definitive proxy statement and other
documents (when available) that CLST files with the SEC at the SECs Web site
at www.sec.gov. In addition, the definitive proxy statements and other
documents filed by CLST with the SEC may
be obtained from CLST free of charge by directing a request to CLSTs proxy
solicitation firm at Morrow & Co., 470 West Stamford, CT 06902.
CLST, its
directors, executive officers and other member of management specified in Annex
B to CLSTs revised preliminary proxy statement for the 2009 Annual Meeting are
participants in the solicitation of CLSTs security holders in connection with
its 2009 Annual Meeting. Stockholders may obtain information regarding the
names, affiliations and interests of such individuals in CLSTs revised
preliminary proxy statement and definitive proxy statement, when it comes
available. Stockholders may obtain information regarding the directors and
officers in CLSTs Annual Report on Form 10-K for the year ended November 30,
2008, which was filed with the SEC on March 2, 2009.
This news release may contain
forward-looking statements, as defined in the Private Securities Litigation
Reform Act of 1995.