"05/03/2012 4 NOTICE by Erwin Grampp NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i) AS TO DEFENDANT JAMES FAIRBAIRN ONLY (Pastor, David) (Entered: 05/03/2012)
Even though the 8-K announcing Fairbairn's appointment to the board said: "On January 3, 2010, the Board of Directors of JBI, Inc. (the "Company") appointed Mr. James Fairbairn to the Company’s Board of Directors." he was obviously not appointed until January 3, 2011. The 8-K itself was file on 1/6/11.
Even though he was chairman of the Audit Committee, he didn't assume that function until well after the Q3 2009 10Q, the 2009 10K and the Form 8-K acknowledgment that they required restatement were filed. The two 2009 10K/A's reflecting the restatements were also filed prior to his appointment to the board. Grampp was wise in deciding to dismiss him from the suit......he apparently shouldn't have been a defendant in the first place.
Anyone who hates children and animals can't be all bad......W. Claude Dukenfield