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Report: #1323568

Complaint Review: Phasive Inc. - Scottsdale Arizona

  • Submitted:
  • Updated:
  • Reported By: anonymous — Bemidji Minnesota usa
  • Author Not Confirmed What's this?
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  • Phasive Inc. 10675 E Rising Sun Dr Scottsdale, Arizona USA

Phasive Inc. Bill Clark and Justin Clark Invested in their previous company Scottsdale Arizona

*REBUTTAL Owner of company: Final Disposition of the Complaint

*REBUTTAL Owner of company: Legal Notice to Anonymous Author of Report #1323568

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Filed August 2, 2016 (Case 2:16-cv-02613-MHB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Spindle, Inc., a Nevada Corporation, Plaintiff,

vs.

William Clark and Joann Clark, husband and wife; Sean Tate and Patricia La Due-Tate, husband and wife; Justin Clark, an individual; and Phasive, Inc., an Arizona Corporation,

Defendants.

Case No.:

COMPLAINT

JURY TRIAL DEMANDED

Comes now SPINDLE, INC. (“Spindle”), a Nevada Corporation, by and through its attorneys, Dickinson Wright, PLLC, in support of its Complaint against WILLIAM CLARK and JOANN CLARK, SEAN TATE and PATRICA La DUE-TATE, JUSTIN CLARK, and PHASIVE, INC. (collectively the “Defendants”), and states and avers as follows:

NATURE OF ACTION

1. Theft, deception, and disloyalty – William Clark, entrusted with the stewardship of a young and dynamic Arizona-based commerce solutions company, stole from it, deceived its directors and shareholders, and breached every duty recognized in law as obligations of corporate officials. And, William Clark’s minions – his son Justin and Sean Tate – participated willfully, knowingly and fully in William Clark’s premeditated and unconscionable damage to Spindle. This action arises from the Defendants’ numerous violations and breaches of their contractual, statutory, common law, and fiduciary duties to Spindle. These three Defendants, together and separately, while feigning loyalty to Spindle, misappropriated Spindle’s intellectual and personal property, improperly solicited Spindle’s employees, customers, and investors, and engaged in various other wrongful acts that damaged irreparably Spindle’s business and reputation.

 

2. As a result of the Defendants’ wrongful conduct, Spindle seeks injunctive relief  and monetary damages, pursuant to Fed. R. Civ. P. 65, federal and state statutes, and common law.

 

"Phasive, Inc. (“Phasive”) is an Arizona Corporation with its principal place of business in Scottsdale, Arizona. Upon information and belief, at or around the time Spindle terminated the employment of W. Clark, J. Clark, and Tate in June 2016, W. Clark, with the corrupt assistance of J. Clark and Tate, created Phasive and began engaging in business under that name. Upon information and belief, Phasive’s business unabashedly and improperly replicates entirely Spindle’s business, including using Spindle’s proprietary computer code in support of Phasive’s mobile coupon payment system."

 

 

 

 

 

This report was posted on Ripoff Report on 08/20/2016 08:06 AM and is a permanent record located here: https://www.ripoffreport.com/reports/phasive-inc/scottsdale-arizona-85262/phasive-inc-bill-clark-and-justin-clark-invested-in-their-previous-company-scottsdale-1323568. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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Updates & Rebuttals

REBUTTALS & REPLIES:
0Author
0Consumer
2Employee/Owner

#2 REBUTTAL Owner of company

Final Disposition of the Complaint

AUTHOR: David C. Kresin, Robaina & Kresin, PLLC - (USA)

POSTED: Wednesday, July 12, 2017

This report included a copy of certain allegations contained in a lawsuit filed on August 2, 2016 by Spindle, Inc. against Phasive, Inc., its officers, and its directors.  I served as the lawyer on behalf of Phasive and the individuals sued by Spindle and I am writing to report the results of Spindle's allegations and lawsuit.

After more than seven months of factual discovery, in which Spindle searched for evidence to support its allegations and claims, in June 2017, Spindle agreed to dismiss all of its claims against Phasive, its officers, and its directors, without any payment to Spindle. Further, as part of the settlement, Spindle gave up its claim to rescind the grant of shares to the defendants and permitted the defendants to sell their holdings of Spindle shares to a third party.

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#1 REBUTTAL Owner of company

Legal Notice to Anonymous Author of Report #1323568

AUTHOR: Robaina & Kresin, PLLC - (USA)

POSTED: Wednesday, March 29, 2017

Please take notice that William Clark, Sean Tate, Justin Clark and Phasive, Inc. (collectively, “Counterclaimants”), have filed claims in the United State District Court for the District of Arizona, No. CV 16-02613 MHB (“the Action”), for, among other things, the allegedly false statements made by Spindle Inc.’s agents, whom are believed to be anonymously posting online as “anonymous – Bemidji Minnesota USA” and others.

Counterclaimants assert that the statements made in the posting by “anonymous – Bemidji Minnesota USA” are false and defamatory.

In the Action, Counterclaimants seek to subpoena the records of Xcentric Ventures, LLC for your identifying contact information to be sent to Robaina & Kresin, PLLC, 5343 N. 16th Street, Ste. 200, Phoenix, Arizona 85016. Plaintiffs have served a subpoena duces tecum on Xcentric Ventures, LLC, the company that owns and operates this website, to reveal your identities. You may have the right to file and serve a response to the subpoena anonymously. If you intend to file and serve a response, please do so, or notify us of your intent to do so, on or before April 10, 2017, to David Kresin via email at DCK@robainalaw.com or facsimile at (602) 682-6455.

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