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This one is timeless. Worth a read!!! What's their defence when Holley admits wrong doing???
https://www.unitedstatescourts.org/federal/nysd/437942/9-6.html
Read the posts someone was adamant that "no litigation" that was prominently pr'd when resolved Texas suit meant NO LITIGATION. Others said same thing. Litigation obviously continues
Glta Weeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
Just posting verifiable facts. Someone else posted links to the documents. Motion for Summary Judgement filed by Plantiff asking for Award of $904,234.24 plus attorney fees, interest and additional $2000 per day from 10/27 thru Award. Motion is supported by Affidavit from President Michael a Holley under penalty of perjury that TBEV did not pay or give the stock owed!!!!! Signed 9/11/2015!!!!!!
"No litigation"!!!!! Lmfao!!! These are not settlement documents!!!! This is a Motion supported by affidavit of the president of TBEV!!! I advise all to read them!!!!
They better get that million to pay this off!!!!!
Lies and more lies in the PR's. These are all public documents!!!!
Never going trips again........
No litigation......
As someone once told me "weeeeeeeeeeeeeeeeeeeeeeeeeeeereeeeeeeeeeee....isn't this fun??"
Glta
Anybody check Pacer or the web recently for the Alpha Capital Anstalt lawsuit? Didn't IR Joe, the company & others say this was resolved? "No litigation means no litigation"?
If no litigation why did Anstalt file a Motion for Summary Judgement on 10/2715!!??
Interesting read. Asks judge to Award $62,234.24 on first cause of action. Asks for $160,000 plus interest on second cause of action. Asks for $682,000 on third cause of action. Plus attorney's fees.
The most interesting part though is the supporting "Affirmation" affidavit of Michael Holley signed and notorized on September 11, 2015. "Defendant failed to make any payment on the 2013 note. Defendant failed to make any payment on the 2014 note" .... "12. The defendant failed to honor the November conversion notice and did not deliver the November conversion shares. 13. Defendant ceased to be DTC eligible" all signed by President of hpv or TBEV Michael Holley. Notorized by Chad Pflueger Maricopa county Arizona.
So looks like lies that there is no active litigation.
If Motion is granted TBEV will have a judgement against it (in federal court) for almost $1,000,000
Glta weeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!!!!!
Wow I'm surprised to hear you say terms of settlement dont matter. At time of last reporting they only had $300k cash so I would think it would matter greatly. Also if like you have said they did nothing wrong why are sure settlement is more than prior settlements? I think $50,000 is a lot of dough for a startup with limited cash supply. Certainly $50k that could have been put to better use.
Glta
That's funny because the websites pacer shows the litigation is ongoing in the Anstaldt federal case so that appears to be a lie. When cases are resolved they are either dismissed or settlement is filed with the court. Niether has been done which means ongoing. Anyone can check that info out.
Joe v didn't even read his own pr that said drinks were still under throwdown name!!! No attention to detail!!! Using a trademarked name that is not theirs is trademark infringement.
Glta
Surprised they put out great pr, production date & Texas suit settled & stock only goes to .0005. I would have thought based on news it would leave trips.
I wonder what terms of settlement are?
Why didn't they announce settlement of Anstaldt stock suit? They announced settlement of dethrone & Texas but not that one hmmm..... Maybe joe can answer if that has settled. Simple yes or no question.
Glta
Great pr today. I'm just wondering does joe v read the PR's before he posts them?
Why does it say?
High Performance Beverage Company has created a new beverage segment, under the trade name, Throwdown Performance
Why are they still saying Throwdown Performance? Probably just a mistake but shows no attention to detail. They need to pay attention to the details!!!
Glta
They should have "trashed" that FB page along time ago since they are no longer throwdown and haven't been since oct 2014! They have a FB page for high performance Bev. Not much there. Seems like they comment on there every once in awhile. Just a bunch of computer generated pics of bottles very similar to the old throwdown page.
Glta
Can you please share where the company says the Bev passed testing?
I really hope you are not just making that up
Glta
Getting confirmation from IR guy joe as to whethere testing is complete should be easy. One phone call! Since Joe was part of the pr in May that released June 29 date and the second pr that said +\- 7 days you would think joey would want to update with correct info!!!!
Yes- testing is done
No - testing is not done.
Pretty simple unless ir guy is not in contact with company.
I guess joe can only put out inaccurate info but no need to update.
Makes sense.
Glta
With one call to Toby he could supply the simple answer to is the testing complete? Yes or no?
For joe to say he doesn't have that info is ridiculous!!! He could have it in 5 minutes! If testing is done they should simply say so!!
Glta
Why wouldn't Joe be able to confirm testing is done???!!!
So company won't confirm that testing done.
Glta
I guess after a longer look it is the same. I thought the "winners" of the contest (from jan) might have been new???
Why don't they update the website & take pre-orders?
Glta
Did you guys see the new website!!!!!
Glta
If that is indeed the reason for the delay then
1) why doesn't the company pr that info? So far they have been quite about why they pr'd production on June 29 & worse had athletes announce product on the 30th.
Also
2) did TBEV not know about this process? If they knew why announce June 29 date? If they didn't know how on earth did they not know the process? I thought they were experts with years of Bev experience! If didn't know process it's incompetence.
I think they will get the 5000 cases made of one flavor for online sales. Without further CD financing I just don't think it's sustainable, only had $300,000 cash in last filing blew three over million in last year!
Glta
Jonathon Quick is also on the ihub web page (intro) to this day!!!! All computer generated with THROWDOWN logo on his jersey/sweater! Go THROWDOWN!!! "Quickie" is how Toby referred to him in Instagram pics & captions.
You can see the ihub intro can't you???? You can call your pal Joe he can confirm what I'm saying.
Glta
"Quikie" is jonathon quick of the LA kings. Go back and read posts on ihub & there Instagram account. There are plenty of pics of Toby at games and hanging out with him. For someone who has been here so long I find it hard to believe you don't remember this. Plus was up on the THROWDOWN Bev website. No personal knowledge needed, you remember throwdown right? The "good company" they paid to license the name from then produced NOTHING under that name! They did have a website and computer generated labels though!!! Lol
Glta
Do you think the multiple false PR's are there fault or is that also out of their control?
Were the tweets by paid athletes out of their control?
I'm curious to know exactly what they have control over?
Do they have control over their finances? $1.4 million raised in last year and not enough money on hand to release more than one flavor? And can only release online because not enough working capital? Check the filings they are blowing through over $100,000 per month with no product, no emoloyees, no office, no staff (except outside pr guy Joey v) look at filings how much of that $$$ went into product development? Not very much! All general and administrative I.e cigars, probably mortgages, flying around visiting ron capps & "quikie"
Also check the shares with $800,000 note due ALL the remaining shares have to be held in case note holder converts so without another increase how can they raise capital?
I know nutty people will say paid basher and just wait but won't address any issues, questions or facts!
Glta
By "corporate office" do you mean Mikes house? They don't have an office. Lol
Glta
So did Joe V tell you why his contact info was taken off the website?
It used to have contact info under "investor relations" now not so much! Why?
Glta
You mean the PAID investor relations guy was upbeat! Well all good here then!!! Lmfao!! That's all I needed to hear! "I did not ask when" lol
June 2014 exact same as 2015!!!!
Glta
I don't claim to know what's in people heads but I sure as heck do know when I've been lied to. I think everyone on here knows they have been lied to. The lies here have been outlined at naseum.
Glta
Lmfao yes the same path as coke! That is my exact reference not the failed new coke which was one of the biggest marketing failures of all time!
Some like being lied to others don't put up with it. Sounds like battered woman syndrome "this time they won't lie to us!!!" This time is different! Don't look at the actual MILLIONS they have spent on producing NOTHING!!! I don't remember coke producing Nothing for years!!!!
2 more weeks!!!!
Glty
So you are encouraged when someone says good things about a drink from 2 years ago? A drink they have changed/tested/hired a company to re formulate? New coke is just like original coke? Lmfao
Pretty sad when you are re reading 2 year old posts looking for encouragement!
Flip away & gamble this is NOT an "investment"
Sorry some here are fed up with dilution, lies and incompetence.
But feel free to cheer lead.
Merica!!
Glta
What would excite me as an investor would NOT be posts from 2013 about a product that has not been seen since! Nor would posts about posters selling the product at their bagel shops or cafe. I would be excited about ACTUAL production which was supposed to happen June 29th!!
Now please show me where company says anything is happening in two weeks???
Only thing happening is more DILUTION!!!!!
Glta
Looks like somebody may have been joking. That post was from 5/13/2013!!!! TWO years two months ago!!!
Where has the product been since then????
Mantra "2 more weeks" "what's two more weeks"
Can you show me where TBEV pr'd that ANYTHING will happen in two weeks??
Oh wait you can't.
Glta hold on!!!!! "Scoundrel"
5 BILLION SHARES!!!!!
So they had 2.5 billion then R/S took 90% of those shares then diluted it back to CD holders so a/s as of month ago was already over 2.2 Billion!!!!! Now they can dillute convert another 3.8 BILLION shares
But this is not a scam!!!!
They have blown thru MILLIONS of dollars!!! Just add up the notes!!!!
No offices
2 employees plus Joe V
No product (since 2013 limited run)
Where did the $$$$$$ go!!!!!!
No false promises! No false PR's
Cigars & drinks flying around shaking hands with athletes gets expensive! Look at Instagram pics!
Oh & TWO outstanding FEDERAL lawsuits
Glta
You were not specific you sold two pallets of TBEV or Rudy?? Good thing TBEV has great distribution channels from their years of Bev experience that they need a random investor to stock it and sell it only online!
Who do you hear it's "better this time around" from? There have been no PR's or product available!!!!
It was soooooooo gooooooood last time they had to improve it!!! Lmfao
I'm sure it will be out any -/+ 365 days now!!! "What delays"
Glta
You mean disrespectful like when Toby McBride told a poster on here via email to "S.A.D" check out post #6506 by SunScents doesn't get more disrespectful than that. Definetely not the way a CEO should be talking to investors.
Glta hopefully PR of anything soon!!!
We all know Joe responds to everyone!! Lmfao
Unless you are Joe V how would you nit2win know who he responds to or not?
Hmmm.....
Glta
Not sure where you are getting info from ihub shows n
Nasd 0.0003 0.0004
3,308,325 buys, 9,625,440 sells
That would about 75% sells to 25% buys
Don't think it means that much on super low volume.
But the numbers are what they are.
Glta
Wow! You really are off topic. I never said don't test the product! I wouldn't however announce production dates that I couldn't meet! They should know how long testing process takes and announce production when they can ACTUALLY produce a product!!!
Plus they had it on market before. Wasn't it tested then? Having gone thru this process before you would HOPE they learned from prior mistakes or successes!!! (Nope)
Or you can be incompetent and tell your athletes (paid endorsers) to tweet & Instagram "coming June 30th!" They told them to tweet that!!! Why if needed "testing" or are you saying they did not know they needed testing??? Either way it is CLEAR INCOMPETENCE!!!
Glta
That makes perfect sense and planning is part of production & articles of incorporation & eating a healthy breakfast. So I agree with you pr'ing production start date of June 29th was meet a couple years ago when they produced a drink under dethrone label!!!!
As for nit2win no false PR's I think the one last year production initiated was false! Plus dual coast launch was false plus drink first quarter was false there are more but point is made.
No snags, no false pr, no big deal, no pictures of real items (labels bottles etcetera...) no actual production.
Glta
They hit a SNAG!!!! Believe me I'm not crying to busy LAUGHING!!!!! I guess they wouldn't owe anybody an explanation. Certainly not investors! They only pr false info (again) I'm hoping instead of an accurate truthfull pr we can get some more computer generated pics of labels!!! They should computer generate their "product" into the hands of athletes! Imagine computer generated tom brady drinking a computer generated hpb!!! Oh my!!! Think of possibilities!!!!!
Glta de ja vu
Where did nit2win go??? He had good confident info.
So they announce 29th then ammended that to say +\- 7 that's already a delay (since it obviously wasn't minus 7 days)
Then 7th day is today and THEY post computer pic of label. NOT actual label. They then respond that "waiting for green light" so if got this magical green light I DO expect them to pr it or at minimum post on FB. They had time to post computer pic & reply why not simply post "in production" or "production has begun" that takes all of 30 seconds!!!! Plus have pr guy they PAY to pr!!!!
Glta
LMFAO!!!!!! I'm sure Pepsi wants this CD & debt ridden company with no product! I guess since we are just making stuff up maybe they are being bought by Redbull or Monster! Or IBM, Toyota or the illuminati!!! 400 Baggah!!!!!!
Great guess!!! What happened to. "Guaranteed deal" with UA? Now it's Pepsi!!!!
Thank you nut for making me literally laugh at loud! You made my day!!! To infinity & beyond!!!
Glta
You should read my other posts but today would be the 7th day from June 29th if you use that date and don't start counting on the 29th. So is it out today? Now they posted to Facebook "waiting for the green light" if not out today then that would be a "holdup". So maybe something wrong with your math?
Unless they release today then there is a "holdup" & all I would like to know from company is reason why? Since they have announced prior production initiated and prior time frames for "dual coast" launches I believe that is reasonable.
Glty
Thank you for the reply. Would be nice if company simply explained the hold up.
I thought it was coming June 2014 when "production initiated" or "first quarter after the holidays" or "June 29th" or "coming June 30th".....I believe everything company says, you should too
Glta
The computer generated images are amazing!!! The way they used same image but changed the colors!!! Nothing on the market like it!!! Especially TBEV which is not on the market!
"Just waiting for green light" from who? Bottler??? FDA???
What happened to June 29th??? Is it now Aug 1???? They have time to post pic & reply but not post simple answers!
TBEV mantra...wait till next week! Or next month.... I mean waited this long
Glta