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Tuesday, June 21, 2022 5:51:27 PM
JURY DEMAND
PCT demands a trial by jury on all issues, claims, and defenses so triable.
70. Prior to its presentation of the Warrant to Standard Registrar, the Warrant
had been resolved and released pursuant to the Settlement Agreement for which
Auctus Fund was already paid $145,000.00 and received 8,000,000 shares of PCT
common stock valued at approximately $200,000.00.
71. Auctus Fund took the $145,000.00 and 8,000,000 shares of PCT common
stock with the intention of breaching its obligations under the Settlement Agreement.
72. Auctus Fund has therefore unlawfully benefited from and has been
unjustly enriched by its receipt of not only the 2,539,999 shares of PCT common stock,
but also the $145,000.00 and 8,000,000 shares of PCT common stock.
73. By reason of the foregoing, PCT is entitled to damages in an amount to be
determined at trial, plus interest thereon, which damages are well in excess of a value of $75,000.00.
WHEREFORE, Plaintiff prays that the following judgment be entered:
(a) For damages in an amount to be determined at trial, but no less than
$75,000.00, exclusive of interest and costs;
(b) An Order reforming the Mutual Release consistent with paragraph 52
herein;
(c) An Order compelling Auctus Fund to immediately execute and return to
PCT the reformed Mutual Release pursuant to Section 3 of the Settlement
(d) An award of punitive/exemplary damages in an amount no less than
$300,000 pursuant to NRS 42.005;
(e) An award of costs and attorneys' fees; and
(f) An award of such other relief which this Court deems just and proper.
Respectfully submitted this 14th day of January, 2022,
Case 1:22-cv-10053-WGY
/s/Joseph P. McConnell____
Joseph P. McConnell (BBO #566412)
MORGAN, BROWN & JOY, LLP
200 State Street, Suite 11A
Boston, MA 02109
Tel.: (617) 523-6666
jmcconnell@morganbrown.com
BOND, SCHOENECK & KING, PLLC
Bradley A. Hoppe, Esq.*
Avant Building, Suite 900
200 Delaware Avenue
Buffalo, NY 14202
Phone: (716) 416-7000
Email: bhoppe@bsk.com
Attorneys for Plaintiff PCT, LTD
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