Full title: JAY DEES INC., PHILLIP MARKS, STEPHEN KEVELSON, JOHN SCOTTO, and JOHN DOES…
Court: United States District Court, S.D. New York
Date published: Sep 26, 2008
Facts
Defense Tech, a Delaware corporation, was once listed in Pink Quote and later on the OTC Bulletin Board. The company was incorporated as VTX Electronics Corp. in 1986 and merged with Dataworld Solutions, Inc. in 1999. Defense Tech was a void Delaware corporation, and its misrepresentations and omissions were detailed in an affidavit. The company had no infrastructure, technological capacity, or in-house engineering or architectural personnel. Despite this, Defense Tech publicly touted its in-house architect and engineering teams with over 80 years of combined experience in the industry and defense field. The company also planned to contract these functions to other companies with the requisite expertise. Defense Tech’s publicity materials provided a catalog of products that the company could not design, craft, or install independently.
Issue
Decision
For the foregoing reasons, the defendant’s motion is granted in part and denied in part, and the plaintiffs’ cross-motion is denied. The Clerk of the Court is directed to close these motions (docket nos. 97, 98, 106, 109, and 114). A conference is scheduled for October 24, 2008, at 4:00 p.m.
SO ORDERED
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