![]() On February 4, 2014, Exobox announced its intention to acquire a majority interest in Cherubim Builders Group, LLC ("CBG"). On November 7, 2012, the Texas court entered a non-suit dismissing their claims without prejudice. The plaintiffs did not appear after filing the amended complaint. The plaintiffs asserted several causes of action: (1) self-dealing, (2) breach of fiduciary duty, (3) wrongful entrenchment and dilution, (4) wrongful deprivation of legitimate shareholder interests, (5) improper dividends, (6) abuse of control, (7) gross mismanagement, (8) breach of contract, (9) fraud, (10) statutory fraud, (11) negligent misrepresentation, (12) unjust enrichment, (13) conspiracy, and (14) minority shareholder oppression. On January 30, 2012, the plaintiffs filed an amended complaint in the first Texas litigation. In November of 2011, Tsambis and other Exobox shareholders filed a complaint against Exobox, Ulepich, and Cukjati (among others) in the District Court of Harris County, Texas ("the first Texas litigation"). Cukjati resigned in August of 2013, at which point Irvine became CEO. One month later, Ulepich, who had been acting secretary, was appointed to the board of directors. In October of 2010, Cukjati was appointed Exobox's chief executive officer ("CEO"). This case arises from the alleged mismanagement of Exobox Technologies Corporation ("Exobox"), a publicly traded Nevada company, by its successive chief executive officers, Cukjati and Shaun Irvine, and previous secretary, Ulepich, between 20. Plaintiff has not responded, and the deadline has since passed. 15).Īlso before the court is Cukjati's motion for an order to show cause why plaintiff should not be required to make his pleading more definite and certain. ![]() 13).Īlso before the court is defendant Jacob Cukjati's motion to dismiss. ![]() Plaintiff Zachary Tsambis filed a response (ECF No. Presently before the court is defendant Carl Ulepich's motion to dismiss.
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