They submitted today a proposed order for the Massachusetts Probate and Family Court that sets an August 17 deadline to check the 93-year-old’s competence to run his media empire. It also names the doctors they want to handle the matter: Spencer Eth and Bruce Price.
At issue is whether Redstone was capable of deciding on May 20 to remove Dauman and Abrams from his family’s trust and the board of National Amusements. The seven-member trust will vote Redstone’s controlling stake in the theater chain when he’s unable to make competent decisions. National Amusements owns 80% of the voting shares in Viacom and CBS.
The Viacom execs say that Redstone is incompetent and being manipulated by his daughter, Viacom Vice Chair Shari Redstone. The Redstone family says he’s still able to manage his affairs.
But “time is of the essence” for the court to order an exam, Dauman and Abrams’ lawyer says in today’s filing.
The “longer Plaintiffs’ examination of Mr. Redstone is delayed, the more likely the Defendants will argue that the examination has less relevance to the crucial date of May 20, 2016, when Mr. Redstone purported to remove the Plaintiffs as Trustees and directors.”
Dauman and Abrams also want by August 3 to see six-years of Redstone’s medical and mental health care records. They say that’s needed “to construct a timeline of Mr. Redstone’s cognitive decline and understand how and why he lost the ability to complete certain tasks.”
They add that it will help to “craft a tailored mental exam” that “will not unduly burden him.”
They propose that Eth and Price check Redstone at his home, in exams lasting no more than 75 minutes a day over three days. The proposed order also names two people who can interpret Redstone’s speech, which is often difficult to understand.
Aside from these people, and medical personnel the doctors pick, others — “including so-called ‘interpreters'” — would not be allowed at the exams.
The Massachusetts court has yet to rule on the Redstones’ motion to dismiss the case.