Attorneys for Everett Seek Injunction to Delay Ouster From Hollywood Park Post

Attorneys for Marje Everett, who is facing possible removal as chief executive officer of Hollywood Park by mid-week, are seeking a preliminary injunction that would delay her ouster.

In seeking the injunction, Everett’s attorneys say that R.D. Hubbard, Harry Ornest and Tom Gamel, three of Hollywood Park’s largest stockholders, have violated sections of the Securities and Exchange Act. Hubbard is involved in a proxy fight with Everett, and Ornest and Gamel have indicated that they will vote their shares in favor of a change in management at the track.

Part of the Everett petition says: “At any moment, defendants may obtain consents for a majority of the shares of the company. Once they do, under Delaware Corporation Code 228, defendants have the right summarily to replace a majority of the current board of directors and cause the new board to engage in transactions that cannot be unscrambled.”

Hollywood Park’s request for an injunction will be heard Friday in the United States District Court, Central District of California.

The deadline for the 4,000 shareholders to return consent forms favoring Hubbard is midnight Monday. Shareholders also have until that time to revoke consent forms that they have already submitted.

Attorneys for Everett and her two New York spokesmen could not be reached for comment. A spokesman for Hubbard said that after the voting deadline, his representatives are prepared to file the consent cards with the State of Delaware, where the track is incorporated.