Zachary Tsambis, Plaintiff vs. Exobox Technology Corp., Defendant
Cause No. 2014-10471 in the 189th Judicial District, Harris County, Texas.
ZACHARY TSAMBIS,
Plaintiff,
VS.
EXOBOX TECHNOLOGIES CORP., SHAUN IRVINE, JACOB P. CUKJATI III AND LORI CUKJATI,
Defendants,
PLAINTIFF'S ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY AND PERMANENT INJUNCTIVE RELIEF
COMES NOW, Plaintiff, Zachary Tsambis on behalf of himself and derivatively on behalf of Exobox Technologies Corp. (collectively referred to herein as "Plaintiff" or "Tsambis"), complaining of Defendants, Exobox Technologies Corp., Shaun Irvine, Jacob P. Cukjati, III and Lori L. Cukjati (collectively referred to herein as "Defendants").
DISCOVERY LEVEL 1. Plaintiff intends for discovery to proceed under Level 3 pursuant to Rule 190.4 of the Texas Rules of Civil Procedure.
NATURE OF CASE 2. This action asserts Plaintiff's direct claims and shareholder derivative claims on behalf of Exobox Technologies Corp. ("Exobox") and its shareholders against Exobox and its current and/or former members of Exobox's Board of Directors and Officers and/or consultants and/or associates i.e. Shaun Irvine, Jacob P. Cukjati, III and Lori L. Cukjati (the "Director Defendants"), for breaches of fiduciary duty, including breaches of the duties of loyalty, care, independence, good faith and fair dealing, and for breach of contract, fraud, statutory fraud, waste, unjust enrichment, conspiracy, excessive compensation, improper bonuses and/or payments and illegal and/or improperly issuing Exobox shares - the issuance of which the Director Defendants specifically and improvidently approved, self-enrichment and entrenchment, unjust enrichment, improper and/or illegal dilution, and minority shareholder oppression.
