It is unbelievable that I achieved this on the first try. ] N.J.S.A. FN3. Yusuf testified that Chilana's position on the Board did not give him the same authority as the three founding members. Yusuf testified that he was attempting to compromise by permitting Silberie to sign checks, but prevent him from signing with Chilana. Aruba, No. at 440; Union Cnty. On the second remand, Judge Contillo determined "that the appropriate remedy in this case is and remains the involuntary buy-out by Dr. Chilana of Dr. Yusuf's ownership interest in ASUMA LLC." Aruba, No. For the Academic Programs Read More Whether or not plaintiffs' conduct concerning the bank accounts was wrongful under subsection 3(a), the trial court clearly had a reasonable basis under subsection 3(c) to consider those confrontational actions as indicia that it would not be reasonably practicable for the company to carry on with plaintiffs continuing as members, in the wake of the school's financial crisis. [9][23] The institution is also recognized by the Educational Commission for Foreign Medical Graduates (ECFMG), Foundation for Advancement of International Medical Education and Research (FAIMER), and the World Health Organization (WHO). It is true that [Chilana] participated in securing a third charter, as aforesaid, which could, in theory, be used to start a new medical school in Aruba, in contravention of the All Saints Aruba charter, which limits the [number] of medical schools on the island to two. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Although plaintiffs initially had sought dissociation of defendants from the LLC, Yusuf has not sought such a remedy on appeal. Foreign (Non-National) Students Eligible: Details about the Pre-Med Program (if available): This field is for validation purposes and should be left unchanged. Dr. Joshua Jeffs is the manager for instructional laboratory instrumentation in the School of Molecular Sciences at Arizona State University (ASU). Although plaintiffs initially had sought dissociation of defendants from the LLC, Yusuf has not sought such a remedy on appeal. We accord considerable deference to the discretion of the judges who make such equitable rulings. Ibid. Getting your medical school on UMCAS leads to more student interest, increased exposure, added credibility and a whole lot more. Referring to the 2010 judgment, the judge wrote that he believed he was "severing Dr. Yusuf's interest . Yusuf points out that under the New Jersey statutes governing corporations, it is improper for a court to order majority shareholders to sell their interests to the minority shareholders except in egregious circumstances. Chilana offered to contribute that needed equity if the court ousted Yusuf and Paulpillai from operating All Saints and ASUMA. Yusuf and Dr. On Friday December 06 th, 2013 the students were officially presented with white coats which signaled their transition from completing the basic medical science phase of their Medical Doctor Degree programme. All students are required to obtain malpractice insurance prior to commencement of their clinical rotations. To begin paying ASUMA's expenses, Chilana sent fifty blank checks on the Smith Barney account to Yusuf and Paulpillai, which they respectively signed and returned to him. In reaching this holding, we indicated in Sebring that, even absent a proven breach of the partnership agreement, the failure by a partner to contribute capital may satisfy the not reasonably practicable standard expressed in N.J.S.A. at 3, we, in effect, vacated Judge Contillo's chosen statutory remedy for the judgment Chilana secured against Yusuf on derivative count five of the counterclaim. Paulpillai did not appeal the judgment, and defendants have not cross-appealed on any issues. of W. Windsor v. Nierenberg, 150 N.J. 111, 13233 (1997); Caldwell v. Haynes, 136 N.J. 422, 432 (1994). 141, 152 (App.Div.2007) (absent an LLC operating agreement, the LLCA controls). When, however, Judge Contillo could not find on remand that the parties had stipulated to a buyout with the knowledge that the statute did not compel a forced sale, or that we gave him leave to reconsider the remedy in light of our clarification of the law, Yusuf obtained a windfall. The university is one of the leading in the country, has modern support, is engaged in research work. He also changed the online method for students to pay their semester tuition to All Saints from PayPal to Google, because the Google system was substantially cheaper. See Fortugno v. Hudson Manure Company, 51 N.J.Super. The University is located on the beautiful, safe and friendly island of St. Vincent and the Grenadines. Meanwhile, Chilana infused at least $250,000 in funds to All Saints since obtaining the other charter..FN6. Instead, we found that Yusuf had "obtained a windfall we did not intend." . The tuition payments transferred electronically into the Citibank account through Google's payment service. Moreover, the trial court's discrete factual finding that plaintiffs failed to provide adequate funding to the company is highly relevant to the subsection 3(c) analysis, and is amply supported by the record. A-2628-09T1 Superior Court of New Jersey, Appellate Division December 24, 2012 However, that perception was apparently inaccurate. FN18. ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, JOSHUA YUSUF, PlaintiffAppellant, v. GURMIT SINGH CHILANA, DefendantRespondent, PETER SILBERIE, Defendant. High school graduates with a science background are eligible to start with the 4 semester General Science Premedical track phase which fulfils the prerequisite courses required for entry into the Basic Medical Science phase of the Doctor of Medicine program. Silberie, meanwhile, complained that some students from All Saints had transferred to a Dominican medical school, known as All Saints University of Medicine, Dominica, in which Paulpillai and Yusuf owned a combined eighty-percent interest. Added in 24 Hours. at 55. Press "Apply now" button. In that capacity, he hired the faculty and designed a four-year curriculum for the M.D. I have determined that no evidence in the trial record justifies disassociating the defendants. (London) (Adjunct Professor)Dr. Andrii Puzyrenko, MD PhD (Kiev), Adjunct Associate Professor, Dr. Olugbenga Morebise, PhD (Ibadan), (Professor and Chair) Dr. Festus Adu DVM (Kiev), MSc. Housing expenses usually vary between US$200 and US$450 per month depending on the type of apartment and whether it is single or double occupancy. 42:2B39 to resign as a member of the LLC and to receive within a reasonable time the fair value of his [LLC] interests as of the date of resignation[. The trial court shall enter an amended judgment within twenty days to reflect our ruling. 42:2B24(b)(3) of the New Jersey Limited Liability Company Act (LLCA), N.J.S.A. [4][5] The student body grew steadily over the past decade and now welcomes hundreds of students. On May 27, 2010, the Aruba Court of First Instance issued a decision on Chilanaa petition. (Library Science), (Pennsylvania), University Librarian, Mr. David Bruney, LLB (Former Attorney General, Commonwealth of Dominica), Mr. Frankie Bellot, Liaison Officer, Public Relations, Housing and Transportation, Akpakpan Etieno, Student Council President, Samuel Oyewole, President of Student Governing Board. There is also an office inChicago, Illinois. Search for "site/en/topic/terrorism-lists" - madamasr.com . denied, 172 N.J. 355 (2002), is instructive. The waiver of a legal right must be effective. Thus, the analogy urged by Yusuf is inapt. And to the registrar, Dr. Guzin Dincel, thank you for always being a listening ear and for advocating for me when I needed it. All Saints University is located at Hillsborough St, Roseau, Dominica . FN9. ALL SAINTS UNIVERSITY OF MEDICINE, ARUBA, ASUMA LLC and RICHMOND. Yusuf and Dr. You must be logged in and have enough Application Credits in Your Glueck, meanwhile, testified that the financial condition of All Saints was tenuous, and that its operations were extremely difficult.. FN3. 42:2B24 does not cause Yusuf to give up or sell his economic interest in ASUMA. Sometime in March 2008, Chilana and Silberie applied to the Aruba government for a charter to operate another medical school. He asserts that the valuation comprised an improper net opinion. N.J.S.A. Support Most iptv box. Default judgment was subsequently entered against Silberie, who did not file any responsive pleadings to the lawsuit. and Financial Aid OfficerMrs. All Saints University is a private university in Uganda. As a result of these accounts being frozen, the parties had difficulty paying teacher salaries, rent, and taxes. The "Aruban law" argument is, in any event, beside the point as Yusuf does not challenge the Chancery court's power to compel a forced sale of Yusuf's interest in ASUMA for his breaches of fiduciary duties and duty of loyalty, notwithstanding any term of the Operating Agreement. The schools' campus is in Roseau, Dominica, and is administered from Toronto, Ontario.. We acknowledge that the failure by an LLC member to contribute needed capital to the LLC's business may not always provide sufficient grounds to conclude that the business is not reasonably practicable to carry on with that member.13 The present case bespeaks, however, an instance where such refusal warrants judicial intervention. Dr. Joshua Demke Professor of Otolaryngology, Dr. Demke joined Texas Tech Physicians in 2009. The court appointed Richard H. Weiner, an attorney, as Special Fiscal Agent for the LLC. Lastly, Yusuf argues that the court erred in accepting the defense expert's opinion that plaintiffs' shares in the LLC had no value. Here, that presumptive date would have been the date of the final order of January 6, 2010. It is important to note that Yusuf does not challenge the power of a court of equity to have ordered a forced sale of his shares for his adjudicated breaches of his fiduciary duties and duty of loyalty to ASUMA. 2425-13, supra, slip op. Here, plaintiffs offered no competing expert to take part in the proverbial battle of experts. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. In addition, Yusuf argues that the trial court should not have excused defendants for signing checks in violation of the Operating Agreement and for obtaining a charter for a third medical school in Aruba. All Saints is a university that educates doctors of medicine. Yusuf moved for reconsideration, reiterating his contention that we had determined in our 2012 opinion that the "Agreement between All Saints University of Medicine Aruba Foundation and Dr. Gurmit Chilana," which the parties treated as an operating agreement for ASUMA, barred a forced sale. The five year MD program is designed for high school graduates intending to obtain a MD Degree. As of the time the parties' filed their appellate briefs, Chilana was still operating ASUMA and All Saints. 3 All Saints University School of Medicine, Kingstown, Saint Vincent and the Grenadines. In Fisk Ventures, LLC v. Segal, 2009 Del. Finally, Judge Contillo determined that Paulpillai's shares could not be acquired by Chilana post-judgment. 42:2B24(b)(3) for judicial dissociation of plaintiffs from the LLC. FN16. All Saints University School of Medicine offers 4-year (8 semesters) and 3-Year (6 semesters) Bachelor of Science degree programs in Nursing. We also do not lose sight of the fact that plaintiffs themselves have an eighty percent interest in another medical school in Dominica. degree program. FN5. Our Faculty Members are highly professional and very supportive of our students' academics and well-being. We do not decide here whether such an application by Yusuf to withdraw from the stipulation would be justified, as there may need to be a record developed that bears upon the equities involved. All Saints University School of Medicine a relatively new school of medicine opened in January of 2006; the All Saints University of medicine offers a medical degree to American, European and Dominica residents (who are automatically eligible for a 50% tuition fee scholarship). But, regardless of whether that justification applies, the reality is that plaintiffs' objections did lead to the accounts being frozen, at a time when the school's operations vitally needed access to these accounts. (Wisconsin), PhD (Ibadan) (Professor) Dr. Joshua Owolabi, B.Sc. The judge rightly concluded that judicial dissociation under N.J.S.A. Aruba v. Chilana, No. Valleywise Behavioral Health Center - Maryvale. [W]e do not disturb the factual findings and legal conclusions of the trial judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice[. at 3. All Saints University Faculty take pleasure in providing quality education to their students along with one-on-one attention to students. Joshua Yusuf: Dean . Oct. 27, 2015) (slip op. On the same date, Weiner verified that Chilana had transferred $250,000 into a trust account to pay All Saints's obligations, of which $100,000 had already been used to pay past-due bills. Hence, the court valued plaintiffs' interest in the LLC at zero, consistent with the only expert testimony that it heard on the subject. Sebring involved the dissolution of a partnership and dissociation of one of its partners under another statute, N.J.S.A. They used MEERC to obtain a charter for such a school from the government of Aruba. Each of these steps was undertaken by Chilana for the purpose of maintaining the functioning and viability of the LLC and the medical school, as well as protecting his substantial financial investment. I consider myself privileged to have had the opportunity to work with them. Under the Operating Agreement, signatures from three persons were required to write a check over $10,000 on each account, but each party had rights to view the accounts. It was taken out as a precaution so that a medical school could exist if All Saints Aruba ceased to exist as a result of the parties' deadlock, and this litigation. Log in Upload File All Saints Univ. 1889). We therefore agree with the trial judge's legal ruling that the Operating Agreement did not provide for an effective waiver of Chilana's right to petition the court under N.J.S.A. A $250 penalty will be applied upon reinstatement. Yusuf and Dr. 42:2B-24b does not compel the sale of the shares of a dissociated member." But no steps have been taken to make that theoretical possibility a reality. On March 11, 2008, the Smith Barney account was modified to provide that the only authorized signatories for it were Paulpillai and Chilana. Here, that presumptive date would have been the date of the final order of January 6, 2010. Meanwhile, Chilana, a minority shareholder, infused a substantial amount of his personal funds to pay the medical school's expenses and to prevent its closing. [14] The school is authorized to confer degrees in Doctor of Medicine (MD) upon its graduates, allowing eligible candidates to practice medicine in Dominica and overseas. All Saints faculty is comprised of highly qualified, experienced and committed professors. [26], Learn how and when to remove these template messages, "All Saints University School of Medicine", Learn how and when to remove this template message, reliable, independent, third-party sources, Presence Our Lady of the Resurrection Medical Center, Accreditation Commission of Colleges of Medicine, Government of the Commonwealth of Dominica, International Medical Education Directory, Educational Commission for Foreign Medical Graduates, Foundation for Advancement of International Medical Education and Research, "Overview of For-Profit Schools in the Caribbean", "Assessment of the Opportunities for the CARIFORUM Health and Wellness Sector", "All Saints University Promised Land at White Coat Ceremony", "38 receive white coats from All Saints University", "Canadian Students Studying Medicine Abroad", "Medical Doctor 4-Year Program, All Saints University", "All Saints University Medical School holds White Coat Ceremony", "Medical School Clinical Rotations | All Saints University", "ACGME - Accreditation Data System (ADS)", "All Saints University School of Medicine Dominica", "Overseas medical qualifications which may be accepted by the GMC", "Opportunities for Trading Education Services", "HINARI Participating Academic Institutions", All Saints University School of Medicine official site, https://en.wikipedia.org/w/index.php?title=All_Saints_University_School_of_Medicine&oldid=1117455729, This page was last edited on 21 October 2022, at 20:34. In July 2007, Yusuf learned that Chilana and Silberie were co-signing the Smith Barney checks. Bernard Wishnia argued the cause for respondent. We therefore sustain the trial judge's denial of relief to plaintiffs on their affirmative claims. He also complained that he was unable to get All Saints's financial statements for 2005 and 2006 from Yusuf and Paulpillai. The judge similarly detailed his reasons for rejecting plaintiffs' contentions of breach of fiduciary duty concerning the check-signings: The secondary allegation against Chilana is that he breached his fiduciary duty by signing checks in violation of an agreement he had with the foundation, by opening additional bank accounts, paying unauthorized expenses and changing the on-line payment system. All Saints Univ. Symeonides had been retained by Weiner..FN7. Please check the ASU SVG Student Portal on a regular basis for updates. ; Show all languages. We reject these contentions for several reasons. Weiner testified that All Saints could not continue as a viable entity, or it would be extremely difficult to do so, if plaintiffs and defendants continued to operate ASUMA and All Saints collectively, given the parties' divisive conduct. in Chemistry with a minor . Affiliations. As the trial judge aptly phrased it in his oral comments from the bench: if there's any finding of fact that I think is completely unavoidable in this case, it is that these individuals [meaning Plaintiff and Mr. Paulpillai] and this individual [meaning Dr. Chilana] cannot work together to advance the interests of the LLC or the university. Yusuf's argument ignores that Judge Contillo in 2009 determined the appropriate non-statutory remedy for Yusuf's breaches of his fiduciary duties and duty of loyalty to ASUMA was the forced sale of his interest to Chilana. 42:2B24(b)(3)(c), such dissociation is not a mandatory remedy. The allegation with respect to Chilana's role in obtaining a third charter is the most serious allegation, but it provides no basis for relief to plaintiffs. I want to thank the teachers at All Saints University, who helped in getting me to where Im at. After obtaining the charter, the three founders of All Saints (Yusuf, Paulpillai, and Silberie) began preparing the school for classroom instruction. 42:2B-24.1 and N.J.S.A. Every semester has an examination fee of US $90 per pre-med semester and USD $150 per basic medical science semester. He did not know whether her problem had predated Chilana's involvement in All Saints. In January 2005, All Saints became operational, with an initial class of seventeen students. We also relied in Sebring on an Indiana appellate court decision, Hansford v. Maplewood Station Business Park, 621 N.E.2d 347, 351 (Ind.App.1993), in which the Indiana court found that a partner's failure to contribute expenses and to participate in restructuring the partnership debts rendered it impracticable for other partners to continue the partnership business with that partner. Furthermore, a waiver of a known right must be clear, unequivocal, and decisive. Alternatively, they instructed the bank to honor only the checks signed by these four combinations of ASUMA members: (1) Chilana and Yusuf; (2) Chilana and Paulpillai; (3) Silberie and Paulpillai; and (4) Silberie and Yusuf. of Med. Location Hillsborough Street Roseau, Commonwealth of Dominica. Co. of Am., 65 N.J. 474, 484 (1974)). Solomon declined to consider Chilana's 2007 purchase of his shares in All Saints as such a similar transaction, because that $500,000 purchase price did not derive from a financial valuation conducted prior to the sale, but rather had resulted from the parties' negotiations. at 46(e)(1)-(3). Id. Sebring, supra, 347 N.J.Super. I was admitted to All Saints University School of Medicine. Glueck hired an expert to determine whether the student was entitled to a degree, and the expert confirmed that he was. As for the second student, she obtained a default judgment in Canada against All Saints, after serving her complaint on plaintiffs. 42:2B24(b)(3). Id. Beside MD Degree programs, we offer 4-year (8 semesters) and 3-year (6 semesters) Bachelor of Science degree programs in Nursing. of Med. 357, 381 (App.Div.2007), rev'd on other grounds, 196 N.J. 502 (2008), held that the appropriate valuation date in the event of dissociation is the date of the dissociation itself. Symeonides was ASUMA's company accountant, appointed by the Special Fiscal Agent, and thus a logical source for financial information. Academic Programs Program Information The General Science and Basic Science phases of all programs are conducted on campus in St. Vincent & the Grenadines. Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png. 357, 379-81 (App. Indeed, by analogy, Solomon's consultations with Symeonides and defendants are comparable to a medical expert properly considering information from a patient about his or her own symptoms and condition. Cf. By consent order on June 10, 2008, the trial court vacated the temporary restraints and imposed new preliminary restraints delineating the rights and obligations of the parties to manage ASUMA and All Saints, pending trial. 42:2B-1 to-70, since repealed, the judge ordered Yusuf and Paulpillai dissociated from ASUMA and paid fair value for their interests, which value was determined to be zero on the stipulated valuation date. On November 10, 2004, the Aruba government granted MEERC's application for a charter to establish All Saints University of Medicine (All Saints). International Student Insurance (Click Here) provides various links that may assist you in your search for the right insurance plan. Outpatient Locations. ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, and JOSHUA YUSUF, Plaintiff-Appellant, v. GURMIT SINGH CHILANA, Defendant-Respondent, and PETER SILBERIE, Defendant. Hence, no valuation of plaintiffs' shares in the LLC was necessary unless plaintiffs, once dissociated, elected to have their shares valued and to tender them to defendants. None of the parties objected to this characterization of All Saints for purposes of the valuation. However, the court noted in its opinion that the parties had stipulated to July 31, 2008, as the applicable valuation date..FN19. Chilana responded by e-mail, accusing plaintiffs of also signing checks in breach of Paragraph 7F. We recognize that Yusuf strenuously maintains that his conduct, and that of his co-plaintiff, Paulpillai, was not wrongful, and that the duo acted in the best interests of the LLC and attempted to prevent defendants from taking unauthorized control of the business and its finances. Chilana testified that, as of the time of trial, he had not been reimbursed for his emergency cash infusion. See Wilkins v. Hudson County Jail, 217 N.J.Super. Plaintiffs supplied the academic records of one of those students to Weiner, but those records were incomplete. All Saints will assist students with information concerning insurance companies which provide this service. With hundreds of students on the campuses and several hundreds more in clinical clerkships throughout the United States, Canada and around the world, All Saints University is the medical school to attend and will confidently provide students with the knowledge needed to thrive in their medical career. On March 13, 2009, the trial court entered an order sanctioning plaintiffs for failure to comply with a prior order as to certain discovery issues. N.J.S.A. So I'm not going to sanction. FN15. Although the trial judge was unpersuaded by that contention, we need not decide ourselves whether plaintiffs' actions and inactions met the wrongfulness test of subsection 3(a). Without Chilana's capital infusion, including his loan that was not yet repaid by the time of trial, the record suggests that All Saints may well have failed. 42:2B39. FN19. Joshua Yusuf is the Director and President of the academy and ensures the school is committed to providing high quality education leading to a Doctor of Medicine Degree (MD). As the trial court reasonably found, Yusuf and Paulpillai perpetuated a deadlock with Chilana and Silberie by not contributing such capital to pay All Saints's expenses, such as salaries, despite severe consequences if such expenses were not paid. Yusuf countered that "`[t]he Chancery judge . ] (Emphasis added). All Saints University offers three different medical programs for their students. Food expenses also vary depending on individual taste and habit. Evidently, Silberie remains on the school's Board, but he is not a member of ASUMA. Found that Yusuf had `` obtained a windfall we did not intend. US $ 90 per pre-med semester USD... 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