Replies to post #26536 on Calissio Resources Group Inc (CRGP)
"PRAYER FOR RELIEF
WHEREFORE, COR Clearing prays for judgment against Defendants as follows: "
08/27/15 11:53 PM
7. In sum, Calissio’s retention of some or all of the over $4 million charged to COR Clearing’s accounts, notwithstanding its admission that it is not entitled to same, is an indication of Calissio’s intent to stall any legal action by COR Clearing, in order to further the fraud being perpetrated. 8. Through its fraud, Calissio has retained some or all of $4 million from COR Clearing to which it has admitted it is not entitled. COR Clearing is entitled to restitution of these funds, and injunctive relief is warranted to ensure these funds are not disposed of by Defendants but rather held until they can be repaid to COR Clearing after its ultimate success on
the merits.
30. Accordingly, DTCC collected dividends from entities that had sold non-dividendeligible shares to Calissio and its affiliates before the ex-dividend date, even though those sellers had not received any dividends themselves from Calissio. This obviously created a scenario where Calissio was being paid dividends on the basis of shares that were not dividend-eligible, causing a windfall to Calissio and its affiliates, and a loss to the sellers. 31. On information and belief, Calissio, Carter, and Transfer Agent were aware of the fact that DTCC was collecting dividends for it on non-dividend-eligible shares that Calissio and its affiliates had repurchased, as Calissio was the one who authorized the dividend and knew which shares were eligible and which were not eligible. However, Calissio, Carter, and Transfer Agent intended to defraud the sellers, the clearing system, and indeed the marketplace by failing to provide this information to DTCC or the sellers of those shares
WHEREFORE, COR Clearing prays for judgment against Defendants as follows:
1. That pending the final hearing of this case, this Court issue an order for a temporary restraining order, preliminary and permanent injunction prohibiting Defendants from disposing of the over $4 million referenced herein until those funds can be repaid to COR Clearing after success on the merits;2. For declaratory judgment that Defendants are not entitled to the over $4 milliondividend from Calissio’s purchase of Calissio shares from Nobilis;3. For restitution of the money debited by DTCC;4. For punitive damages;5. For costs of suit incurred herein, including ttorneys’ fees; and,6. For such other and further relief as the Court deems just and proper.
JURY DEMAND
Plaintiff COR Clearing, LLC demands a trial by jury on all issues so triable. PlaintiffCOR Clearing, LLC requests that the trial take place in Omaha, Nebraska.
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