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million... i know a lot more than you.... you are, or the people you speak to, are being disingenuous. my trust in you has gone back and forth. i will post the agreements at my discretion. jared is a scumbag.... if you read the agreements, all would know this. i will post the agreements once i get the feakin chance. hey? maybe jared could post them?
honestly... i think allie put that item in the counter to put a little fear in jared. allie knew there was never a buyout offer. he is just playing with jared right now... read the whole agreement before you jump to conclusions lazy....
i am usually tech savy, but for some reason, i am having a helluv a time with the docs. i will email you the agreements once i get them scanned.
"the right of first refusal says-if a eco receives a bona fide offer to purchase a "controlling interest" of the equitgy in eco, or substantially all of the assets of the company, then eco will condition acceptance of the offer upon the right granted in section 9 to wow to purchase the offered interest for the price under the terms of the offer."
it futher says
"eco will notify wow in writing that it has received the offer. the notice of offer will summarize the price........................If the offer is in writing, eco will send a copy of the offer with the notice of offer"
bottow line, based upon wow's counter, eeso never notified wow of the offer. therefore, they breached the contract. law 101.
maybe a day or so before i get you the agreements.
oh well, here it is....
here is the complaint. i cut and pasted instead of posting the actual doc. if you think i added or deleted anything, your wrong. i will post the supply and distribution agreement and the licensing agreement later. i will post the actual docs for those. if you think this counter claim is bs, reserve judgement until you see the signed agreements. jared kept many things hidden from shareholders.
IN THE ALLEN SUPERIOR COURT
STATE OF INDIANA
ENZYME ENVIRONMENTAL SOLUTIONS, INC., PlaintiWCounter-Defendant,
vs.
WOW GREEN INTERNATIONAL, LLC and
OWEN STERN,
Defendants/Counter-Plaintiffs and WOW GREEN INTERNATIONAL, LLC,
Third-Party Plaintiff, vs. JARED HOCHSTEDLER,
Third-Party Defendant.
Case No. 02DOI-0906-PL-248
THIRD-PARTY COMPLAINT Third-Party Plaintiff Wow Green International LLC, by and through its attorneys, Eilbacher Fletcher, LLP, for its Third-Party Complaint against Jared Hochstedler states:
1. Third-Party PlaititiffWow Green International LLC ("Wow Green") is a Michigan limited liability company.
2. Third-Party Defendant Jared Hochstedler ("Hochstedler") is a citizen ofIndiana.
3. Jurisdiction and venue are proper in the court.
Count I -Jared Hochstedler's Breach of Contract (Supply and Distribution Agreement)
4. Third-Party Plaintiff reincorporates the allegations in the preceding paragraphs as if set forth fully herein.
5. Wow Green is a multi-level marketing company whose distributors market, sell
and distribute environmentally safe, green cleaning products for consumer and commercial uses.
6. Enzyme Environmental Solutions, Inc. ("EESO") is a manufacturer of enzymes for various applications.
7. Jared Hochstedler is the president and CEO ofEESO.
8. Wow Green, EESO and Hochstedler, on or about October 31, 2008 entered into a contract entitled Supply and Distribution Agreement. (Exhibit A)
9.Hochstedler signed the Supply Agreement as an individual and as president/CEO ofEESO.
10. In the Supply and Distribution Agreement, EESO and Hochstedler agreed to, among other things, supply to Wow Green cleaning products made with enzymes.
11.EESO and Hochstedler breached the Supply Agreement in a number of ways, including, but not limited by:
a. Purchasing enzymes from other suppliers and selling them to Wow Green without Wow Green's prior knowledge or written consent;
b. Changing original product formulas without Wow Green's prior knowledge or written consent;
c. Failing to make products to specification;
d. Failing to give Wow Green an enzyme based pricing structure by 11/30/08;
g. Substantially overcharging Wow Green for products;
h. Causing Wow Green rework charges due to EESO's poor manufacturing practices; and
1. Failing to provide to Wow Green standards for manufacturing products.
12. EESO and Hochstedler's breaches ofthe Supply and Distribution Agreement reduced the quality and efficacy ofproducts EESO supplied to WOW Green.
13. Furthermore, in Section 1O(c) ofthe Supply and Distribution Agreement, Hochstedler is specifically individually liable for these promises made to Wow Green:
a. A 6-month training program;
b. Complete information on the methods of and apparatus for manufacturing the products;
c. Standards for manufacturing the products;
d. Specifications and prints or drawings in the possession of Hochstedler and EESO for all special equipment or apparatus employed in the manufacturing methods;
e. Technical assistance and know-how relating to techniques and standards for the manufacturer, testing and distribution of the products;
f. Instructions to Wow Green's personnel;
g. Providing to Wow Green a copy of the EESO Production Manual.
14. Hochstedler failed to provide and breached each of these promises thereby damaging Wow Green.
15. As a result of EESO and Hochstedler's breaches of the Supply and Distribution Agreement, Wow Green has incurred damages and estimates the total costs to remedy EESO' and Hochstedler's breaches to be in excess of$250,000.
16. Additionally, in the Supply and Distribution Agreement, EESO and Hochstedler granted Wow Green the right to be the exclusive world-wide distributor of products using EESO
and Hochstedler's recipes to users for non-commercial purposes, regardless of medium,including through the internet, direct mail, email or telemarketing efforts.
17. Furthermore, in the Supply and Distribution Agreement, EESO and Hochstedler granted Wow Green the right to be the exclusive world-wide distributor of products using EESO and Hochstedler's recipes to users for all commercial purposes, other than industrial, agricultural, food preparation and food service businesses, regardless of medium, including through the internet, direct mail, email or telemarketing efforts.
18. Still further, in the Supply and Distribution Agreement, EESO and Hochstedler granted Wow Green the rights to be a non exclusive world-wide distributor of products using EESO and Hochstedler's recipes to users for commercial purposes in industrial, agricultural, food preparation and food service businesses.
19. On information and belief, EESO and Hochstedler have hired and or engaged persons for the purpose of selling products using EESO and Hochstedler's recipes to consumer and commercial users in violation of Wow Green's exclusive distributorship rights.
20. On information and belief, EESO and Hochstedler are selling products using EESO and Hochstedler's recipes to consumer and commercial users through its website at www.enzymeenvironmentalsolutions.comin violation of Wow Green's exclusive distributorship rights.
21. And still further, in the Supply and Distribution Agreement, EESO and Hochstedler granted Wow Green a right of first refusal to purchase EESO in the event EESO received a bona fide offer to sell it business or assets.
22. EESO and Hochstedler have issued press releases announcing at three different times the receipt of offers to purchase EESO's business or assets, and Wow Green was never provided notice of these offers in violation of the right of first refusal.
23. EESO and Hochstedler's breaches of the Supply and Distribution Agreement have caused Wow Green as of yet uncalculated lost profits, lost opportunities, a diminution of the public's perception of Wow Green, and injury to Wow Green's goodwill.
WHEREFORE, Third-Party Plaintiff Wow Green International LLC respectfully requests this Honorable Court to enter a judgment in its favor and against Jared Hochstedler and to award to it costs and attorney fees.
Count II -Jared Hochstedler's Breach of Contract (License Agreement)
24. Third-Party Plaintiff reincorporates the allegations in the preceding paragraphs as if set forth fully herein.
25. On or about October 31, 2008, Wow Green and Hochstedler entered into a License Agreement. (Exhibit B)
26. The License Agreement was signed by Jared Hochstedler, individually.
27. Under the License Agreement, Hochstedler represented that he owned, and then granted Wow Green the right to use, his proprietary enzyme formulas and recipes and the confidential and proprietary information necessary to formulate and manufacture cleaning products using enzymes.
28. Under the License Agreement, Hochstedler also agreed to, among other things, provide Wow Green with:
a. A 6-month training program;
b. Complete information on the methods of and apparatus for manufacturing the products;
c. Standards for manufacturing the products;
d. Specifications and prints or drawings in the possession of Hochstedler and EESO for all special equipment or apparatus employed in the manufacturing methods;
e. Technical assistance and know-how relating to techniques and standards for the manufacture, testing and distribution of the products;
f. Instructions to Wow Green's personnel;
g. A copy of the EESO Production Manual.
29. Hochstedler breached all of the duties set forth above in paragraph 28 above.
30. Hochstedler also promised to indemnify Wow Green and its members and officers for any breach of the License Agreement.
31. As a result of Hochstedler's breaches of the License Agreement, Wow Green has incurred damages and estimates the total costs to remedy Hochstedler's breaches to be in excess of $250,000.
32. Additionally, Hochstedler's breaches of the License Agreement have caused Wow Green as of yet uncalculated lost profits, lost opportunities, a diminution of the public's perception of Wow Green, and injury to Wow Green's goodwill.
WHEREFORE, Third-Party Plaintiff Wow Green International, LLC respectfully requests this Honorable Court to enter a judgment in its favor and against Jared Hochstedler and to award to it costs and attorney fees.
Count III -Jared Hochstedler's Obligation to Indemnify Wow Green International LLC and Others
33. Third-Party Plaintiff reincorporates the allegations in the preceding paragraphs as if set forth fully herein.
34. Under Section 13 of the Supply and Distribution Agreement, Hochstedler agreed that he individually is liable to indemnify Wow Green, and its members and officers, among others, for any loss (including, among other things, consequential damages, lost business opportunities, and reasonable attorneys fees) incurred by Wow Green as a result ofEESO's breach of any covenant in the Supply and Distribution Agreement.
35. Under Section 11 of the License Agreement, Hochstedler agreed that he individually is liable to indemnify Wow Green, and its members and officers, among others, for any loss (including, among other things, consequential damages, lost business opportunities, and reasonable attorneys fees) incurred by Wow Green as a result ofEESO's breach of any covenant in the License Agreement.
36. The Supply and Distribution Agreement has been breached by EESO and Hochstedler resulting in damages and losses to Wow Green, and its members, officers, directors and representatives for lost business oppOltunities, consequential damages, expenses, reasonable attorney fees and other costs.
37. The License Agreement has been breached by Hochstedler resulting in damages and losses to Wow Green, and its members, officers, directors and representatives for lost business opportunities, consequential damages, expenses, reasonable attorney fees and other costs.
WHEREFORE, Third-Party Plaintiff Wow Green International, LLC respectfully requests this Honorable Court to enter a judgment in its favor and against Jared Hochstedler and to award to it costs and attorney fees.
Respectfully submitted,
EILBACHER FLETCHER, LLP
Ja
David E. Bailey #21527-02 803 S. Calhoun Street, Suite 400 Fort Wayne, Indiana 46802 Telephone: (260) 425-9777
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 14th day of July, 2009, he mailed a true and correct copy of the above and foregoing upon:
Daniel D. Bobilya
127 W. Berry Street, Suite 300
Fort Wayne, IN 46802
David E. Bailey
are you capable of asking nicely?
million,
i was able to get a copy of the counter claim. also got copies of wow green and eeso's license agreement and supply and distribution agreement. if you want to pm me your email, i will send to you. imo - not looking good for the j-man.....
i will say one thing, this litigation is not hurting bill one bit. wow....
idiot... eom
I agree... Bill seems to have the magic touch. Bill has definately learned from Hochstedler, Neubauer, Carnes and Kistler. But maybe he is tweaking their methods a bit and doing things on the up and up. Not hard to do. Have a good business sense and ethics. Obviously two traits young Jared lacks. Seriously..... Does anyone aside from a few realize how dumb Jared Hochstedler is? Maybe I am the dumb one......
Well it looks like I will have to post actual docs like you did. Accept I will do a better job and know how to post them. Thanks for the advice..... LMAO
yes please.... i will do it. haven't decided whether to get copies or write a summary. will see what wow green's responses are to the lawsuit, as well as their counterclaims, and decide from there.
too busy... maybe in the next few days.
lol - you are very wrong about that
pixelwidth, where have you been? what's your take on the wow green lawsuit? didn't you visit the farm and get to personally speak with jared? did jared mention the lawsuit during your meeting? thanks
jared was in a den of thieves, while only being a mere small time punk shoplifter. jared was played like a fiddle by white, stern and allie. lets not forget the bs financials he produced and fake buyout. i will research the other side of the case.
"all worked up over nothing more than a dispute over some bs small time fees"
don't think so.... i will take a look this week sometime. if you look at eeso's q4 2008, they were a little more than "small time fees". i think the main reason people are getting worked up is that they saw wow green as eeso's only chance at legitimacy. with that gone, they have nothing more too pump.... some even tried using mallad's and zimmerman's business savy as if they were running eeso instead of some schmuck who couldn't run a lemonade stand. sad really.....
even easier than that is to scan as a pdf and copy the text into a word doc. then cut and paste to the post.
i hope you got the counter claim filed by wow green. that is the important document. if not..... i will drag my bottom down there......
of course it is eeso's facility. don't you remember this awesome piece of pr?
FORT WAYNE, IN, Jan 30 (MARKET WIRE) --
Enzyme Environmental Solutions (PINKSHEETS: EESO) has announced that is in the process of acquiring a 30,000 sq. ft. warehouse facility in Portage, Indiana as part of its recent expansion. The new facility will allow for extensive research and development on the commercial and industrial solutions lines; as well, the facility will meet new production demands in regards to a significant retail formula licensing agreement which was solidified recently by Enzyme Environmental Solution, Inc.
ROTFLMAO
alright snakey! no one calls mr. biggerstaff a chicken! i will check out the lawsuit this week, unless someone else does sooner. i am more interested in wow green's counter suit. i believe that doc will provide the transparency lacking in this turd. is it possible to post a pdf on ihub?
hahahahahahhahahahahha
very very very funny. million, thanks for being a gentleman (or gentlewoman) in your posting. your lack of vulgarities shows your intelligence. eeso is done unless jared leaves.
i guess everyone is negative because eeso's only "real" contract was with wow green. now it is obvious wow green has taken "green" jared for a ride. if i held shares in this turd, i would be a little negative as well. many of the pushers cited allie and zimmerman as signs of success for eeso. what's left? craig douglass? thanks for giving me the chuckles.....lmao
indiana is still in the dark ages... there are a few counties where you can view court docs for a fee. allen county in not yet one of them. you have to physically go to the courthouse to view and get copies for a fee. you might be able to have them fax a copy for a large fee. first thing i would read is wow green's counter complaint. one of the many many things that sucks about living in indiana. not to mention sunday alcohol sales and penny scammers. there was a reason for men's health voting fort wayne as america's dumbest cities. look it up.....
agree.....
who here thinks jared is going to beat the pants off allie in open court????? allie had all the loose ends tied up with the eeso contract. allie saw jared and company as little boys, he was right. jared's best course of action is to push reset and change his management style from fraudulent to open and honest. c'mon jared, i think you may have it in you!
unfortunately, you will have to take a trip to the allen county courthouse. allen county docs are not online yet. i would do it, but i'm afraid jared and jeff will be staking out the place ready to jump on mr. biggerstaff. maybe snakey could do it.
as a person who always looks at the glass half full, the good thing to come out of the litigation is transparency. finally, shareholders will soon discover the arrangement between eeso and wow green. i am sure each complaint will read differently, however, combined they will tell the true story. i for one can't wait....
do what?????
i agree.... they be seeing dollar signs during the pig farm video. lmao
wouldn't do any good. imo-he has lost all credibility. ole bill is doing quite well today....
good luck TAKI. hope you are smarter than these guys.
Composite Indicator
Trend Spotter TM Sell
Short Term Indicators
7 Day Average Directional Indicator Buy
10 - 8 Day Moving Average Hilo Channel Hold
20 Day Moving Average vs Price Sell
20 - 50 Day MACD Oscillator Sell
20 Day Bollinger Bands Hold
Short Term Indicators Average: 20% - Sell
20-Day Average Volume - 31211939
Medium Term Indicators
40 Day Commodity Channel Index Hold
50 Day Moving Average vs Price Sell
20 - 100 Day MACD Oscillator Sell
50 Day Parabolic Time/Price Sell
Medium Term Indicators Average: 75% - Sell
50-Day Average Volume - 58424914
Long Term Indicators
60 Day Commodity Channel Index Hold
100 Day Moving Average vs Price Sell
50 - 100 Day MACD Oscillator Sell
Long Term Indicators Average: 67% - Sell
100-Day Average Volume - 46395586
Overall Average: 56% - Sell
sorry dude.... too many angry insiders on this turd. jared made the mistake of pissing off shareholders in the know.... this will fall this week. get out taki.
looking pretty sad here. everyone has jumped ship and moved on two brighter pinks.
"The IN discusion board is down to the same four people posting all day."
actually, i would not be surprised if those four people are montange talking to himself over there. notice how they all have similar writing style and continually talk about their favorite color being green. creepy......
wrong lang. jared crossed the line with the bogus financials and going on tv about the buyout. securities fraud 101
good luck with that "technical trading" lmao
your dreaming.......... this is more than a penny trader.... this is a penny pump scam... jared at the helm will pay dividends one way or another.....
however, many people were not in the know. many people are not axx8980 penny traders. there are many local shareholder that invested in a fort wayne company based upon what they saw on wane tv. therein lies the problem. jared is getting it from both ends civil and criminal.
"When the company goes into silent mode
they are making deals IMO"
i will give you another smartzzz response. when the company goes into silent mode, they are being investigated.....
the lies and misleading pr's is what makes this a good class action. easily verifiable lies and fraudulent financials. problem is, where is the money? jared probably does not have a pot to pee in..... the money is with kistler, carnes, douglass, neubauer and the unnamed dudes promoting this turd. (there are many) heck, prove allie lied and there's your fortune. i say go for it! another avenue? wait for the feds to come in.... they will provide all the evidence you need.
http://www.pinksheets.com/pink/quote/quote.jsp?symbol=nxgh
anything else i can do for you lazy? took me less than a minute to find this..... LOOK UNDER FILINGS. YOU PUT YOUR CURSOR OVER THE TAB FILINGS. CLICK YOUR MOUSE. PUT YOUR CURSOR OVER A DOCUMENT YOU WOULD LIKE TO VIEW. CLICK YOU MOUSE.
missed the boat eh? toooooooooooooooooooooooooooooooooooooo funny. lmao at you
great to see you saw through the rose colored glasses. hope you do well with nxgen holdings. hopefully, bill has better ethics then a certain pink ceo.