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WRONG ! There is no judgment for Grushkin. The case is still pending in Los Angeles County Superior Court, where it was first filed in January 2013 (see current info below). And as to Grushkin’s earlier attempt to change the venue to the U.S. District Court, it had been well-documented on this MB in the past, that the Judge dismissed Grushkin’s claim, and remanded the case back to the Los Angeles County Superior Court (that is why it no longer shows-up anything new on PACER, which is for Federal cases only).
PS- Although I have not traded this stock in a long time, infrequently I check in to see if there might possibly be anything positive happening with this Company that may revive my interest in it. Unfortunately, things don’t look good. The two products (Nutrabars and Pawtizer) were very good. I have several containers of Pawtizer left that I use, and the wipes are still very fresh.
Case Number: SC119776
ALL AMERICAN PET COMPANY, INC. VS. ERIC GRUSHKIN
Filing Date: 01/18/2013
Case Type: Other Intentional Tort-not PI/WD/PD (General Jurisdiction)
Status: Pending
Future Hearings
09/30/2015 at 08:30 am in department P at 1725 Main Street, Santa Monica, CA 90401
Motion - Order
10/16/2015 at 08:30 am in department P at 1725 Main Street, Santa Monica, CA 90401
Final Status Conference(crt trl 10/26/15)
10/26/2015 at 09:00 am in department P at 1725 Main Street, Santa Monica, CA 90401
Court Trial - Short Cause(3 DAYS)
http://www.lacourt.org/casesummary/ui/casesummary.aspx?
Leirum- Remember this post of yours from May 30, 2013 ?
"...ON April 13, 2012 Eric Grushkin filed a Fictitious Business Name Statement in Orange County, CA for “All American Brands”.
Sounds very similar to “All American Pet Brands” doesn’t it ? What could have been Eric’s motive for securing this fictitious business name for his own personal use, and might it have had any bearing relative to his past efforts to oust Barry and Lisa from AAPT, and/or his departure from AAPT ?
Registration Number: 20126300118
Business Name: All American Brands
File Date: 04/13/2012
Expire Date: 04/13/2017
Business Owner: Eric Grushkin"
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=88460107
Leirum – IMHO the answer to your “being dead why so many post’s then per day ?” statement, is tied in with the fact that EG and his wife, Lori Lachenmeier Grushkin, own and operate their own pet products company, “G THAT’S AWESOME BRANDS”. See the below links to their website, and the State of Nevada corporate license info:
http://www.gawesomebrands.com/
http://nvsos.gov/sosentitysearch/CorpDetails.aspx?
G THAT'S AWESOME BRANDS
Business Entity Information
Status: Active File Date: 12/6/2013
Type: Domestic Corporation Entity Number: E0585152013-2
Qualifying State: NV List of Officers Due: 12/31/2014
Managed By: Expiration Date:
NV Business ID: NV20131708317 Business License Exp: 12/31/2014
Officers Include Inactive Officers
President - LORI LACHENMEIER
Secretary - LORI LACHENMEIER
Treasurer - LORI LACHENMEIER
Director - LORI LACHENMEIER
Now go back and reflect upon the known events of the past several years to draw your own conclusions as to why EG may have originally became involved with AAPT.
Vod - Here's a link to that story, and from an interesting website - hangthebankers.com
http://www.hangthebankers.com/jp-morgan-bankruptcy-lawyer-killed-in-hit-run/
Possibly, the timing of the “Yellow” release, is in part, poised to capitalize on the huge success of Director Nick Cassavete’s current (and biggest) hit, “The Other Woman”, which has already grossed $ 165 million internationally during the past month. We see it all the time as new movie trailers and other advertising tout recent successes of the movie’s principal participants (ie- actors, director, producers, etc.), as a way to attract moviegoers.
http://www.boxofficemojo.com/movies/?id=otherwoman14.htm
Review what Dr. Pennystock is writing (charting) on the MDNT iHub MB. For the past few weeks his predictions have been very accurate.
Keep a close watch on this one. IMO, if the meeting tonight with the County on the Studio plan goes well, we could see a very good run tomorrow. Several posters plan to attend, and then report back to the MB.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=99154104
Check out MDNT.
Also, “DISMISSED BY COURT ORDER” on November 12, 2013 is the case that was filed against AAPT on April 4, 2012 by the Company’s former Controller, Cheryl Davidman.
Case Summary
Case Number: 12CB1128
DAVIDMAN, CHERYL VS. ALL AMERICAN PET COMPANY, INC.
Court: Stanley Mosk Courthouse
Original Case Number: 12C01128
Original Court: Beverly Hills Courthouse
Filing Date: 04/04/2012
Case Type: BREACH CONTRACT (Limited Jurisdiction)
Status: DISMISSED BY COURT ORDER
Future Hearings
None
History Information
Parties
Plaintiff: DAVIDMAN CHERYL
Attorney: THE LAW OFFICE OF JAY FREEDMAN, PC - JAY FREEDMAN
Defendant: ALL AMERICAN PET COMPANY INC.
Attorney: AARONSON & AARONSON - ARTHUR AARONSON ESQ
Defendant: AAP BRANDS INC.
Attorney: AARONSON & AARONSON - ARTHUR AARONSON ESQ
Defendant: ALL AMERICAN PETCO INC
Attorney: AARONSON & AARONSON - ARTHUR AARONSON ESQ
Party Information
Histories (Dates listed in descending order)
11/12/2013 COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. THERE ARE
NO APPEARANCES AT TRIAL.
http://www.lasuperiorcourt.org/civilcasesummarynet/ui/casesummary.aspx?
APPROVED ! - Motion To Withdraw Foreclosure action at Shawnee, KS facility- Case No. 13CV08540
02/20/2014 <******* Bench Notes *********>
MOTION TO WITHDRAW: PLAINTIFF APPEARS BY JOHN COGHLAN. DEFENDANTS OLSON MANUFACTURING, DAVID AND CYNTHIA HUSTON AND OMD GROUP APPEARS BY MIKE DWYER. MOTION TO WTIHDRAW BY MR. DWYER APPROVED. PARTIES REPRESENTED BY MR. DWYER TO FILE ANSWERS BEFORE MARCH 20, 2014 IN ORDER TO AVOID DEFAULT.(TAPE: NONE)(JUDGE: GURNEY)
http://jococourts.org/civroa.aspx
My comments simply stated verified factual information (ie- Eric’s professional background and the existence of his AAPT employment contract). And, if (as you stated) “there’s no way for either one of us to know exactly what was transferred and why ?”, then how can you conclude that Barry did anything wrong ? The real bottom line is that we will not know the validity of Eric’s allegations until this matter is adjudicated by the proper authorities.
LOL ! So do you think that Eric (who has an MBA, a business consulting business, and was a local L.A. private university business curriculum professor) did not have the mental capacity to understand the tasks he routinely performed for the Company for approximately one year ?
Also, although Barry signed the SEC filings as the Company’s CEO and Principal Financial and Accounting Officer, the financial and accounting information contained in these filings was Eric’s responsibility to interpret and prepare. This is clearly outlined in the terms of Eric’s May 29, 2012 Employment Agreement with AAPT, which states in Section “2. Duties and Responsibilities of Employee”, “Employee shall serve as Controller. In such capacity, Employee shall be responsible for the Company’s Finance and Accounting Department. His responsibility will include all aspects of budgeting, auditing, corporate and financial reporting, SEC Filings, as well as adherence to GAAP.”
If Eric’s post-employment allegations that these filings contained material inaccuracies and/or omissions were later found to be true, it certainly seems like he would have a lot of explaining to do about his complicity in this matter.
News on Shawnee property foreclosure case. As stated in the following link to the Johnson County, KS District Court records website, there is a “Motion To Withdraw” hearing scheduled for February 20, 2014:
Case No; 13CV08540
BMO: Harris Bank NA vs. Olson Manufacturing & Distribution et al
Div/Judge: 11/Paul C Gurney
Chapter: 60
Nature: Mortgage Foreclosure
02/05/2014 FILE STAMP 02/05/14, ORDER FOR HEARING
02/03/2014 FILE STAMP 1/30/2014, PROOF OF PUBLICATION FROM THE, LEGAL RECORD 1/14/14
02/03/2014 FILE STAMP 01/31/14, MOTION TO WITHDRAW
01/31/2014 SCHED. MOTION TO WITHDRAW on 02/20/14,11:00am,Div 11
01/22/2014 FILE STAMP 01/22/14, AFFIDAVIT OF MAILING OF NOTICE OF SUIT
01/08/2014 FILE STAMP 1/7/2014, EXTENSION OF TIME
01/07/2014 FILE STAMP 01/07/14, AFFIDAVIT FOR SERVICE BY PUBLICATION
12/27/2013 FILE STAMP 12/26/2013, EXTENSION OF TIME
12/27/2013 FILE STAMP 12/26/2013, EXTENSION OF TIME
12/27/2013 FILE STAMP 12/26/2013, SERVICE RETURNED FROM SPECIAL PROCESS SERVER, SERVED CYNTHIA HUSTON - 12/20/13
12/27/2013 FILE STAMP 12/26/2013, SERVICE RETURNED FROM SPECIAL PROCESS SERVER, SERVED DAVID HUSTON- 12/20/13
12/24/2013 FILE STAMP 12/23/2013, RETURN OF SERVICE, SERVED OMD GROUP LLC, 12-18-13, C/S
12/19/2013 FILE STAMP 12/18/2013, SERVICE RETURNED FROM SPECIAL PROCESS SERVER, SERVED OLSON MANUFACTURING & DISTRIBUTION INC. - 12/16/13
12/19/2013 FILE STAMP 12/18/2013, SERVICE RETURNED FROM SPECIAL PROCESS SERVER, SERVED FCX PERFORMANCE INC. D/B/A HUGHES CAPITAL EQUIPMENT - 12/17/13
12/17/2013 FILE STAMP 12/16/2013, SERVICE RETURNED FROM SPECIAL PROCESS SERVER, SERVED COMPLETE PROPERTY SOLUTIONS INC. D/B/A COMMERCIAL PROPERTY SOLUTIONS CORP. SERVED PHILLIP D CRAFTON - 12/15/13
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "ALL AMERICAN PET COMPANY INC" E/S
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "COMPLETE PROPERTY SOLUTIONS INC D/B/A COMMERCIAL PROPERTY SOLUTIONS CORP" E/S
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "FCX PERFORMANCE INC D/B/A HUGHES-CAPITAL EQUIPMENT" E/S
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "OMD GROUP LLC" E/S
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "CYNTHIA J HUSTON" E/S
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "DAVID M HUSTON" E/S
12/11/2013 PETITION AND SUMMONS ISSUED TO ATTORNEY FOR PROCESS SERVER "OLSON MANUFACTURING & DISTRIBUTION INC" E/S
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13 04:00pm, REQUEST AND SERVICE INSTRUCTION FORM
12/11/2013 FILE STAMP 12/11/13, VERIFIED PETITION FOR BREACH OF PROMISSORY NOTE, BREACH OF GUARANTEES, AND FORECLOSURE OF LEASEHOLD MORTGAGE
12/11/2013 JUDGE PAUL C GURNEY ASSIGNED TO CASE
12/11/2013 NEW CASE E-FILED; BMO HARRIS BANK NA VS OLSON MANUFACTURING & DISTRIBUTION INC; FILING FEE $177.50; PAID BY SHAW, RYAN EDWARD, RECEIPTED AMOUNT $177.50, E-PAYMENT NO: 53468109
http://www.jococourts.org/CivRoa.aspx
You are correct stratford1:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=96354420
Per quotemedia.com, it appears the ".001" transaction notation was an error.
http://www.quotemedia.com/results.php?qm_page=93215&qm_symbol=mdnt
I am neither arguing, nor laughing about this matter; Just sharing factual information based upon my personal experience monitoring the quality of the NutraBars I have purchased. And regardless of whatever the actual 2013 total sales of NutraBars turns out to be, if in fact there had been dogs becoming deathly ill or have died from eating NutraBars, at a minimum there would have already been lawsuits filed against AAPT going back to early 2013. And to the best of my current knowledge, and I have periodically checked several legal databases which would disclose the filing of such lawsuits, I haven’t come across any legal actions against AAPT or its principals pertaining to NutraBars.
Also, for example, the same goes for the unsubstantiated allegation made by Grushkin a year ago (which has been frequently posted here as being a true fact), when he stated that Schwartz had sued PETCO as a result of a personal injury. If this were true, how come no one has ever posted the legal citation that evidences Grushkin’s allegation ?
Lastly, in regards to your following statement- “Those other pet food manufacturers probably throw out that much monthly from quality control”, if in fact they had exercised the appropriate level of “quality control” throughout the manufacturing process, then why are they on the FDA’s list of pet food recalls ?
LOL !!! I’ve been purchasing NutraBars every month since they became available at Walmart, and I have yet to receive a tainted bar. My most recent purchase was a few days ago. In fact, I have intentionally set aside a quantity of Original bars with a “BEST BEFORE” date of 09/20/13, and I open one up every few weeks to check for freshness, and so far they’ve been okay.
Below is the link to the FDA’s “Animal & Veterinary - Recalls and Safety Alerts” list for the past several years. Every year, numerous other pet food manufacturers have had problems with tainted food products. If the incidence of tainted NutraBars was of any significance at all, by now the matter would have been noted here.
http://www.fda.gov/AnimalVeterinary/SafetyHealth/RecallsWithdrawals/default.htm
IF you read the actual documents filed in Federal Court earlier this year by Grushkin’s attorney, Grushkin’s sole objective was to have the case dismissed, alleging that AAPT had no cause of action against him. And as we know, Grushkin’s request was DENIED by the Federal Court Judge, and the case was remanded back to Los Angeles County Superior Court, where it is currently pending.
I also want to mention that on multiple occasions, when I have gone to purchase NutraBars at Walmart, the boxes had been pushed to the rear of the shelf, to the point where I couldn’t first see them without leaning forward to check the entire shelf area. I’ve encountered the same issue with other products at Walmart as well.
I didn't personally find them, because I'm in the Los Angeles area. All I did was call the Walmart store, spoke to an employee named Sandy, and gave her the UPC number. She put me on hold for a minute, and then confirmed that the NutraBars were there.
I called the Walmart store and spoke with an employee, who confirmed that they had the Lowfat NutraBars there.
7KM- As I recall, you have previously stated that your nearby Walmart is the Valparaiso, IN store. If it still is, as of about 5 minutes ago, I confirmed that they have 28 Lowfat NutraBars there, at the price of $ 1.22 each.
And for the third time now, I am requesting you disclose your Walmarts visited list, which you have yet to do. Since early this year, every Walmart I have visited that represented on Walmart.com the availability of NutraBars, had them in stock.
The fact that AAPT left Maryland in June 2012, when it merged into a Nevada Corporation, appears to explain why a 2012 Maryland Property Return may have no longer been necessary.
HS- A Case Management Conference is a meeting between the Judge and the parties (Plaintiff and Defendant). The main purpose of the meeting is to try settling some or all of the issues in dispute before going to trial. If no settlement is achieved at the meeting, the matter will continue to proceed towards an eventual trial. There have already been several of these meetings between the parties, and it is on-going procedural process.
WRONG ! PACER provides case documents for only the Federal Court system.
http://www.pacer.gov/psco/cgi-bin/links.pl
Also, the AAPT v Grushkin case documents are not currently available to purchase on-line through the Los Angeles County Superior Court.
Interestingly, I purchased some NutraBars a few days ago at one of the Los Angeles area Walmarts, and the price was back up to $ 1.22.
Coincidentally, back in February 2013 during the only conversation I have had with Joel, he briefly mentioned that a national warehouse club retailer, had recently inquired if AAPT would be interested in offering a NutraBar 72-bar case. I didn’t see any reason to post this statement before, until I saw the display drawing today. Possibly, those initial discussions with that retailer have continued to the present time.
Below listed are the five Walmarts closest to me that currently have NutraBars in stock, as verified minutes ago on Walmart.com:
Walmart store #5162—Santa Clarita
27931 Kelly Johnson Pkwy
Santa Clarita, CA 91355
Walmart store #2621—Simi Valley
255 Cochran St
Simi Valley, CA 93065
Walmart store #2960—Los Angeles
4101 Crenshaw Blvd
Los Angeles, CA 90008
Walmart store #5072—Torrance
19503 Normandie Ave
Torrance, CA 90501
Walmart store #2886—Pico Rivera
8500 Washington Blvd
Pico Rivera, CA 90660
Now it's your turn. In addition to identifying the 9 Walmarts you keep referring to, also please provide the legal citation confirming the rumored personal injury lawsuit you allege that Barry Schwartz had filed against PETCO. As I recall, the PETCO lawsuit rumor first surfaced in Grushkin’s January 2013 correspondence to a select group of shareholders, and since that time no one has posted any verifiable information confirming this matter.
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Where are the nine Walmart stores you repeatedly refer to ? I asked you this question two weeks ago and you never replied ?
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=93803232
Santa Clarita and Simi Valley, CA
Within the past 90 days I have purchased several dozen NutraBars at WalMart, which included “Best Before:” dates of 09/06/13 and 09/20/13, and not even one bar was tainted.
highstakes- Actually, it seems that there have been at least two NutraBar production runs since the 2nd Q machine problem, as evidenced by your photos today and November 6, 2013 (see below link), showing (Best Before) dates of July 15, 2014 and August 19, 2014.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=93783350
Ignore my post of a few minutes ago. I inadvertently didn't realize that you were referring to Regulation S-K.
According to the below SEC website links, Item 1.03 of the types of events that trigger a public company’s obligation to file an 8K, is solely about Bankruptcy and Receivership, not Legal Proceedings, and is further defined as follows:
“Item 1.03 – Bankruptcy or Receivership
If a company becomes the subject of a bankruptcy or receivership court filing, that must be disclosed. Future 8-Ks may outline the company’s plan for reorganization (under Chapter 11) or liquidation (under Chapter 7) and the court’s confirmation of the plan. Investors should look at the reorganization plan for information about whether the company’s common stock is likely to be canceled and when the company expects to emerge from bankruptcy.”
http://www.sec.gov/investor/pubs/readan8k.pdf
http://www.sec.gov/answers/form8k.htm
WRONG ! See my below post #60388 from May 10, 2013. On May 9, 2013, the U.S. District Court Judge denied Grushkin’s request to remand the case from Los Angeles County Superior Court to Federal Court. The case is still pending in Los Angeles County Superior Court.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=87796826
Five of the nine Walmarts (within a 20 mile radius) closest to me in the L.A. area, had NutraBars as far back as when they first arrived at Walmart. Earlier this Summer for about a week, Walmart.com showed the bars were soon to be available at two of the other four area stores, but then the notice was deleted. I later assumed this was the result of the ensuing equipment problem disclosed by AAPT.
Where are the nine Walmarts located that you visited ?
There are numerous Albertsons stores in Arizona. Use below Albertsons website link:
http://albertsons.mywebgrocer.com/Stores/?mobile=0&mwg=store&loc=1
Also, the Shawnee DC facility past due property tax issue is not a pressing matter as others are attempting to make it out to be. Per the Johnson Country Treasury and Financial Management Department, “Real estate property taxes three years delinquent are subject to a Tax Foreclosure auction and public sale.” As only one year’s property taxes are currently in arrears, there is plenty of time available for the past due property taxes to be cured by the property owner prior to any action being initiated by the County.
http://treasurer.jocogov.org/tre/tre_faq.aspx#10