Plaintiff brought an action for inspection of the books and records of Defendant LFF, L.L.C. (the “LLC”) under Section 18-305 of the Delaware Limited Liability Company Act. The LLC and Plaintiff cross-moved for summary judgment on the issue of whether Plaintiff was a member of the LLC and thus entitled to the inspection. Defendant’s motion was denied and the Court reversed decision on Plaintiff’s motion, as the Court found that inspection rights may not necessarily be limited to those members listed in the LLC’s operating agreement, stating that “LLCs generally are created on a less formal basis than corporations”. The Court held that it was appropriate to consider evidence outside of the four corners of the operating agreement concerning whether Plaintiff is a member of the LLC.
