Published: November 06, 2007
Court Case to Proceed Against Judy Dlugacz -- Former Olivia Executives Seek Equitable Repurchase of Shares Plus Millions in Damages
Amy Errett, former CEO of The Olivia
Companies, announced today that she and three other former officers of the
company filed an amended complaint on October 29, 2007 in their ongoing
lawsuit against Olivia and its founder, Judy Dlugacz. The amended
complaint was filed after a ruling by the San Francisco Superior Court
denying most of Ms. Dlugacz's motion to dismiss, and permitting four of the
five claims alleged against her to proceed.
The former officers allege that they successfully executed the business
plan to which Ms. Dlugacz had agreed, growing Olivia from a modestly
successful niche company into the world's leading provider of travel and
lifestyle services to the lesbian community. Ms. Errett and her colleagues
allege that, during the five years they ran the company, its revenues grew
nearly 400% from $6.8 million to an expected $25 million in 2007. They
allege that Ms. Dlugacz terminated their employment without notice or cause
when she became concerned that the public had come to view them, rather
than Ms. Dlugacz, as responsible for Olivia's strong growth and
diversification.
Although potential private investors valued the Company at $30 million or
more, Ms. Dlugacz has taken the position that the former executives' 30%
ownership interest is worthless, and has refused to repurchase their shares
or to make their contractual severance payments. They also allege that Ms.
Dlugacz made false and defamatory public comments about their management of
Olivia, that she has mismanaged the Company since they were fired, that she
is misusing its assets for the personal benefit of herself and her family,
and that she is taking advantage of Olivia customers by charging
inappropriately high prices.
The former executives seek an order compelling Ms. Dlugacz to repurchase
their 30% interest in the Company, pay them their contractual severance
payments, and pay additional damages in excess of $20 million. Ms. Errett
said that she and her colleagues intend to ask the court for a jury trial
at the earliest possible date.
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