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Desperate for shares I wonder who was selling those big chunks before we went off line. Wasnt stevie baby was it forward selling shares he never had.... ouch
Tsbs, it's all about what Pyro kept banging on about. Now what was it he used to say? "Gimme the empty box or there'll be a big fight" or something like that.
By the way, if you're looking in Pyro, HAPPY BIRTHDAY TO YOU .
LMOA
Timster only one word "lol"
All good then!
Just ignore it and the fact they are desperate for shares is a good thing.
I'm happy again now, back to waiting for a bloody update from the horses mouth ....
Exactly Shaqfut
This really seems to be a game SN and Zaza are playing to wind SH/OR up for as long and as far as possible.
They must have something up their sleeves regarding a positive outcome at the end of all this.
Fingers crossed.
( long time since I thought there is any good to come out of this!)
Thanks Ears, shares must be worth something if he is going through all this trouble to get hold of them.
I find it strangely reasuring that hope is fighting like mad to get his hands on SNs and zazas shares.
Shafqut - I can't remember the exact numbers, but it's 500m in total. Something like 300m from SN and 200 from ZM.
lollll missed the decimal.lol 12k is pocket change for zaza.lol
Indeed Shafqut; just as well it is 12k...
this is getting very messy, 12m + in attorney fees...that's a lot!!!!
does hope want 500m shares from both SN and ZZ? 1Billion shares?
THAT's IT! How on earth did I manage t make such a pig's ass out of that? Sorry everybody. Come back, Taffy. PLEASE.
Houston, Texas 77024-6604 Zaza Mamulaishvili 12 Paliashvili Street Tbilisi 0179 Georgia /s/ Natalie A. Sears Natalie A. Sears
III. CONCLUSION WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that the Court enter a judgment, substantially in the form attached hereto, that (i) grants the Motion; (ii) enters the attached Judgment and awards Plaintiff actual damages in an amount to be proven at the hearing on this Motion, attorney’s fees in the amount of $12,248.50, and $761.10 in costs and expenses; and (iii) grant Plaintiff such other and further relief to which it has shown itself justly entitled. Respectfully submitted, By: /s/ Natalie A. Sears Ross H. Parker Texas Bar No. 24007804 rparker@munsch.com John D. Cornwell Texas Bar No. 24050450 jcornwell@munsch.com Natalie A. Sears Texas Bar No. 24098400 nsears@munsch.com
MUNSCH HARDT KOPF & HARR, P.C. 500 N. Akard St., Suite 3800 Dallas, Texas 75201 Telephone: 214-855-7500 Facsimile: 214-855-7584 ATTORNEYS FOR PLAINTIFF OUTRIDER MASTER FUND, LP CERTIFICATE OF SERVICE I hereby certify that on October 14, 2019, a true and correct copy of Plaintiff’s Motion for Entry of Default Judgment was served on the following parties by certified mail, return receipt requested in accordance with Local Rule 5.5. Steve C. Nicandros 414 Pineneedle Dr.
19. The Complaint conclusively establishes breach of contract. Marquis Acquisitions, Inc. v. Steadfast Ins., 409 S.W.3d 808, 813–14 (Tex. App.—Dallas 2013, no pet). Specifically, the Third Amendment is a valid and enforceable contract between Plaintiff and Nicandros, whereby Nicandros personally guaranteed FIC’s repayment of the Deferred Interest, which was due to be paid to Plaintiff on September 30, 2018. 20. FIC failed to pay the Deferred Interest to Plaintiff. Accordingly, Nicandros is liable to Plaintiff in the amount of the Deferred Interest. 21. By failing to timely answer the Complaint and to comply with the Summons, Nicandros is deemed to have admitted Plaintiff’s allegations in the Complaint. See, e.g., Jackson v. FIE Corp., 302 F.3d 515, 524 (5th Cir. 2002) (“[t]he defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established. A default judgment is unassailable on the merits”). 22. Likewise, Plaintiff is entitled to its attorney’s fees. Plaintiff pleaded for fees in its Complaint. See Dkt. No. 1 at pp. 9-10. Entry of the default judgment entitles Plaintiff to fees pursuant to TEX. CIV. PRAC. & REM. CODE 38.001. The attorney’s fees incurred by Plaintiff are reasonable.
23. As evidenced by Exhibit “A,” Plaintiff seeks an award of $12,248.50 in attorney’s fees. In addition, Plaintiff seeks the filing fees for this matter and fees for service of process upon Nicandros in the amount of $761.10. 24. Plaintiff therefore seeks a judgment of actual damages in an amount to be proven at the hearing on this Motion, as well as the amount of $12,248.50 in attorney’s fees, and $761.10 for the filing fee for this matter pursuant to Rule 55 of the Federal Rules of Civil Procedure.
11. On September 9, 2019, this Court entered an Order of Substitute Service, authorizing Plaintiff to serve Nicandros by posting or attaching a true and correct copy of the Summons and Complaint on the front door of Nicandros’ Residence. See Dkt. No. 7. 12. On September 11, 2019, Plaintiff served Nicandros in accordance with the Order of Substitute Service by posting a copy of the Summons and Complaint on the front door of his Residence. Plaintiff filed its Affidavit of Service on September 20, 2019. See Dkt. No. 8. 13. As a result, the deadline for Nicandros to answer the Complaint or file any motion regarding the Complaint was October 2, 2019. 14. Nicandros failed to file any answer or motion regarding the Complaint by October 2, 2019, an11. On September 9, 2019, this Court entered an Order of Substitute Service, authorizing Plaintiff to serve Nicandros by posting or attaching a true and correct copy of the Summons and Complaint on the front door of Nicandros’ Residence. See Dkt. No. 7. 12. On September 11, 2019, Plaintiff served Nicandros in accordance with the Order of Substitute Service by posting a copy of the Summons and Complaint on the front door of his Residence. Plaintiff filed its Affidavit of Service on September 20, 2019. See Dkt. No. 8. 13. As a result, the deadline for Nicandros to answer the Complaint or file any motion regarding the Complaint was October 2, 2019. 14. Nicandros failed to file any answer or motion regarding the Complaint by October 2, 2019, and no such answer or motion has been filed by the date hereof. 15. Contemporaneously with the filing of this Motion, Plaintiff has also filed its Motion for Entry of Default (“Default Motion”). 16. Attached hereto as Exhibit “A” is the Affidavit of Natalie A. Sears, describing service of the Complaint, Nicandros’ default, and the attorney’s fees and expenses incurred by the Plaintiff in prosecuting this matter. 17. Nicandros is not in the armed services of the United States, is not on active duty, is not an infant, and is not an incompetent. See Exhibit “A.”
II. RELIEF REQUESTED AND DISCUSSION 18. By this Motion, Plaintiff seeks the entry of a default judgment against Nicandros for (a) actual damages resulting from Nicandros’ breach of his individual guaranty contained within the Third Amendment, and (b) attorney’s fees and costs incurred in prosecuting this matter against Nicandros.
payment of all unpaid interest. FIC failed to make the Deferred Interest payment during or after the ten-day cure period. 6. As a result of FIC’s default and its failure to timely pay the Deferred Interest, Nicandros and Mamulaishvili became personally liable under the Individual Guaranties to provide Plaintiff with the Pledged Shares or otherwise satisfy FIC’s “due and punctual performance” with respect to the Deferred Interest. Neither Nicandros nor Mamulaishvili have performed in accordance with their contractual obligations as guarantors. 7. As a result, Plaintiff filed the instant action on July 27, 2019, to recover the amounts owed under the Individual Guaranties. B. Nicandros’ Default 8. On August 5, 2019, the Court issued the Summons in a Civil Action for Nicandros (“Summons”), informing him that he had thirty (30) days after service of the Summons to respond to the Complaint and that his failure to do so may lead to the entry of default judgment against him. See Dkt. No. 4. 9. Plaintiff diligently attempted to personally serve Nicandros at his residence located at 414 Pineneedle Dr., Houston, Texas 77024-6604 (“Residence”) on six separate occasions, but was unsuccessful.
10. As a result, on September 6, 2019, Plaintiff filed a Motion for Substituted Service on Nicandros, requesting that the Court permit Plaintiff to serve Nicandros with process by posting or attaching a true and correct copy of the Complaint and Summons on the front door of Nicandros’ Residence. See Dkt. No. 6.
"414 Pineneedle Dr., Houston, Texas 77024-6604 (“Residence”) on six separate occasions, but was unsuccessful. "
If he was that easy to find we would already been knocking on his door.
payment of all unpaid interest. FIC failed to make the Deferred Interest payment during or after the ten-day cure period. 6. As a result of FIC’s default and its failure to timely pay the Deferred Interest, Nicandros and Mamulaishvili became personally liable under the Individual Guaranties to provide Plaintiff with the Pledged Shares or otherwise satisfy FIC’s “due and punctual performance” with respect to the Deferred Interest. Neither Nicandros nor Mamulaishvili have performed in accordance with their contractual obligations as guarantors. 7. As a result, Plaintiff filed the instant action on July 27, 2019, to recover the amounts owed under the Individual Guaranties. B. Nicandros’ Default 8. On August 5, 2019, the Court issued the Summons in a Civil Action for Nicandros (“Summons”), informing him that he had thirty (30) days after service of the Summons to respond to the Complaint and that his failure to do so may lead to the entry of default judgment against him. See Dkt. No. 4. 9. Plaintiff diligently attempted to personally serve Nicandros at his residence located at 414 Pineneedle Dr., Houston, Texas 77024-6604 (“Residence”) on six separate occasions, but was unsuccessful.
10. As a result, on September 6, 2019, Plaintiff filed a Motion for Substituted Service on Nicandros, requesting that the Court permit Plaintiff to serve Nicandros with process by posting or attaching a true and correct copy of the Complaint and Summons on the front door of Nicandros’ Residence. See Dkt. No. 6.
so the default judgement isn't a default judgement from the court, its a request for default judgement?
I Think Madp's theory on this is that they would let it slip, correct me if I'm wrong?
it's a crazy web of ****e......
payment of all unpaid interest. FIC failed to make the Deferred Interest payment during or after the ten-day cure period. 6. As a result of FIC’s default and its failure to timely pay the Deferred Interest, Nicandros and Mamulaishvili became personally liable under the Individual Guaranties to provide Plaintiff with the Pledged Shares or otherwise satisfy FIC’s “due and punctual performance” with respect to the Deferred Interest. Neither Nicandros nor Mamulaishvili have performed in accordance with their contractual obligations as guarantors. 7. As a result, Plaintiff filed the instant action on July 27, 2019, to recover the amounts owed under the Individual Guaranties. B. Nicandros’ Default 8. On August 5, 2019, the Court issued the Summons in a Civil Action for Nicandros (“Summons”), informing him that he had thirty (30) days after service of the Summons to respond to the Complaint and that his failure to do so may lead to the entry of default judgment against him. See Dkt. No. 4. 9. Plaintiff diligently attempted to personally serve Nicandros at his residence located at 414 Pineneedle Dr., Houston, Texas 77024-6604 (“Residence”) on six separate occasions, but was unsuccessful.
10. As a result, on September 6, 2019, Plaintiff filed a Motion for Substituted Service on Nicandros, requesting that the Court permit Plaintiff to serve Nicandros with process by posting or attaching a true and correct copy of the Complaint and Summons on the front door of Nicandros’ Residence. See Dkt. No. 6.
Sorry, got my knickers in a twist. I'v given you page 1, then page 2 (3 times!) and page 4. I'll start again at page 3. How embarrasing.
11. On September 9, 2019, this Court entered an Order of Substitute Service, authorizing Plaintiff to serve Nicandros by posting or attaching a true and correct copy of the Summons and Complaint on the front door of Nicandros’ Residence. See Dkt. No. 7. 12. On September 11, 2019, Plaintiff served Nicandros in accordance with the Order of Substitute Service by posting a copy of the Summons and Complaint on the front door of his Residence. Plaintiff filed its Affidavit of Service on September 20, 2019. See Dkt. No. 8. 13. As a result, the deadline for Nicandros to answer the Complaint or file any motion regarding the Complaint was October 2, 2019. 14. Nicandros failed to file any answer or motion regarding the Complaint by October 2, 2019, and no such answer or motion has been filed by the date hereof. 15. Contemporaneously with the filing of this Motion, Plaintiff has also filed its Motion for Entry of Default (“Default Motion”). 16. Attached hereto as Exhibit “A” is the Affidavit of Natalie A. Sears, describing service of the Complaint, Nicandros’ default, and the attorney’s fees and expenses incurred by the Plaintiff in prosecuting this matter. 17. Nicandros is not in the armed services of the United States, is not on active duty, is not an infant, and is not an incompetent. See Exhibit “A.”
II. RELIEF REQUESTED AND DISCUSSION 18. By this Motion, Plaintiff seeks the entry of a default judgment against Nicandros for (a) actual damages resulting from Nicandros’ breach of his individual guaranty contained within the Third Amendment, and (b) attorney’s fees and costs incurred in prosecuting this matter against Nicandros.