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Non-Tech : Deep Blue Marine
DPBE 0.000.0%Aug 28 8:10 PM EDTNews

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To: scion who wrote (201)5/29/2008 1:38:44 PM
From: scionRead Replies (2) of 210
 
Deep Blue Marine et al v. Krajewski - OCR extract Part 5
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FIRST CAUSE OF ACTION
DEFAMATION PER SE

121. Plaintiff repeats and realleges each and every one of the preceding allegations as stated above as though fully set forth herein.

122. Defendant has published false statements accusing Plaintiffs of multiple criminal allegations, including insider trading, SEC violations, violations of federal law, diving outside of Deep Blue Marine's permit area, and misappropriation of company funds.

123. The false accusations that Wilf Blum, Deep Blue Marine and Alexander Lindale each committed serious crimes constitutes slander per se.

124. Defendant published the false statements with knowledge that the same were false when published or with reckless disregard to the truth or falsity of the publication.

125. As a result of Defendant's false and slanderous statements Plaintiffs have incurred general and special damages in an amount to be proved at trial including, without limitation, the loss of the Copper King contract and 30,000,000 million shares of restricted stock, injured and tarnished reputation, impairment of standing in the community, anxiety, mental anguish and suffering, damages in the amount of time and money invested into the company Deep Blue and other companies, in his ability to freely manage and promote his company, in the increased costs and expenses to manage his campaign in light of Defendant's continuous erroneous and defamatory statements, the time and expense to meet with investors and answer questions regarding the defamatory statements of Defendant, unknown loss of investors and income as a result of the defamatory statements, the risk of loss of Deep Blue due to the loss of investor confidence and trust as a result of the defamatory statements, and by the fees and costs of this action.

126. Defendant's actions were the result of willful and malicious conduct, or conduct that manifested a knowing and reckless indifference toward, and disregard of, the rights and interests of Plaintiff.

127. Wherefore, Plaintiff, Wilf Blum, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like mariner.

128. Wherefore, Plaintiff, Deep Blue, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like mariner.(sic)

129. Wherefore, Plaintiff, Alexander Lindale, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for

SECOND CAUSE OF ACTION
DEFAMATION PER QUOD

130. Plaintiffs repeat and reallege each and every of the preceding allegations as stated above as though fully set forth herein.

131. Defendant has published false statements accusing Plaintiffs of multiple criminal allegations, including insider trading, SEC violations, violations of federal law, diving outside of Deep Blue Marine's permit area, and misappropriation of company funds.

132. The false accusations that Wilf Blum, Deep Blue Marine and Alexander Lindale each committed serious crimes constitutes slander per se.

133. The false accusation and statements by Defendant would lead a reasonable investor to understand the allegations that Wilf Blum, Deep Blue Marine and Alexander Lindale each allegedly committed or are committing serious crimes, including SEC violations.

134. Defendant published the false statements with knowledge that the same were false when published or with reckless disregard to the truth or falsity of the publication.

135. As a result of Defendant's false and slanderous statements Plaintiffs have incurred general and special damages in an amount to be proved at trial including, without limitation, the loss of the Copper King contract and 30,000,000 million shares of restricted stock, injured and tarnished reputation, impairment of standing in the community, anxiety, mental anguish and suffering, damages in the amount of time and money invested into the company Deep Blue and other companies, in his ability to freely manage and promote his company, in the increased costs and expenses to manage his campaign in light of Defendant's continuous erroneous and defamatory statements, the time and expense to meet with investors and answer questions regarding the defamatory statements of Defendant, unknown loss of investors and income as a result of the defamatory statements, the risk of loss of Deep Blue due to the loss of investor confidence and trust as a result of the defamatory statements, and by the fees and costs of this action.

136. Defendants' actions were the result of willful and malicious conduct, or conduct that manifested a knowing and reckless indifference toward, and disregard of, the rights and interests of Plaintiff.

137. Wherefore, Plaintiff, Wilf Blum, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

138. Wherefore, Plaintiff, Deep Blue, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

139. Wherefore, Plaintiff, Alexander Lindale, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

THIRD CAUSE OF ACTION
FALSE LIGHT

140. Plaintiff repeats and realleges each of the preceding allegations.

141. Defendant intentionally sought to publicize false and salacious allegations that Plaintiffs have committed multiple crimes and unlawful conduct.

142. The allegations publicized by Defendant about Plaintiffs are highly offensive in and of themselves.

143. The allegations publicized by Defendant are so much more offensive in that Defendant merely sought by publishing such slanderous matters to intimidate Plaintiff Wilf Blum into resigning as CEO of Deep Blue and/or having the Board of Directors remove Plaintiff Blum as CEO of Deep Blue.

144. The allegations publicized by Defendant are so much more offensive in that Defendant apparently seeks, by publishing such slanderous matters, to destroy the financial security and investor confidence in Deep Blue, and to destroy Wilf Blum personally as well as any company with which he has business relations, including Plaintiffs, Deep Blue and Alexander Lindale.

145. Defendant acted with knowledge of, or at a minimum with reckless disregard for, the falsity of his statements and the false light in which it would put Plaintiffs.

146. As a result of Defendant's tortious conduct, Plaintiffs incurred general and special damages in an amount to be proved at trial including, without limitation, the loss of the Copper King contract and 30,000,000 million shares of restricted stock, injured and tarnished reputation, impairment of standing in the community, anxiety, mental anguish and suffering, damages in the amount of time and money invested into the company Deep Blue and other companies, in his ability to freely manage and promote his company, in the increased costs and expenses to manage his campaign in light of Defendant's continuous erroneous and defamatory statements, the time and expense to meet with investors and answer questions regarding the defamatory statements of Defendant, unknown loss of investors and income as a result of the defamatory statements, the risk of loss of Deep Blue due to the loss of investor confidence and trust as a result of the defamatory statements, and by the fees and costs of this action.

147. Defendant's actions were the result of willful and malicious conduct, or conduct that manifested a knowing and reckless indifference toward, and disregard of, the rights and interests of Plaintiffs.

148. Wherefore, Plaintiff, Wilf Blum, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

149. Wherefore, Plaintiff, Deep Blue, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

150. Wherefore, Plaintiff, Alexander Lindale, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for

FOURTH CAUSE OF ACTION
INTENTIONAL INTERFERENCE WITH ECONOMIC ADVANTAGE AND OPPORTUNITY

151. Plaintiffs repeat and reallege each and every of the preceding allegations as stated above as though fully set forth herein.

152. Defendant intentionally interfered with the Plaintiffs' potential economic interests both in operations and financial investment into Deep Blue and Alexander Lindale, as well as with each and every other entity that Deep Blue, Alexander Lindale and Blum conduct or seek to conduct business relations.

153. Defendant has engaged in such egregious conduct for the improper purpose of destroying Plaintiffs by interfering with a free and fair economic and capital market of the United States by the improper means of threats and intimidation, false statements, allegations of improprieties, releasing proprietary information, allegations of criminal behavior by Deep Blue, Alexander Lindale and Wilf Blum, and claims of past, future, and ongoing SEC and federal violations and investigations.

154. As a result of Defendant's tortious interference with Plaintiffs' economic interests, Plaintiffs have incurred general and special damages in an amount to be proved at trial including, without limitation, the loss of the Copper King contract and 30,000,000 million shares of restricted stock, injured and tarnished reputation, impairment of standing in the community, anxiety, mental anguish and suffering, damages in the amount of time and money invested into the company Deep Blue and other companies, in his ability to freely manage and promote his company, in the increased costs and expenses to manage his campaign in light of Defendant's continuous erroneous and defamatory statements, the time and expense to meet with investors and answer questions regarding the defamatory statements of Defendant, unknown loss of investors and income as a result of the defamatory statements, the risk of loss of Deep Blue due to the loss of investor confidence and trust as a result of the defamatory statements, and by the fees and costs of this action.

155. Defendant's actions were the result of willful and malicious conduct, or conduct that manifested a knowing and reckless indifference toward, and disregard of, the rights and interests of Plaintiffs.

156. Wherefore, Plaintiff, Wilf Blum, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

157. Wherefore, Plaintiff, Deep Blue, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for such wrongs and to serve as a wholesome deterrent to others not to offend in like manner.

158. Wherefore, Plaintiff, Alexander Lindale, prays that punitive damages in an amount not less than $500,000.00 to be assessed against Defendant to punish him for

FIFTH CAUSE OF ACTION BREACH OF CONTRACT (Plaintiff Deep Blue Marine)

159. Plaintiff Deep Blue repeats and realleges each and every allegations as stated above as though fully set forth herein.

160. Defendant Krajewski was employed as the operations manager for Deep Blue Marine between March of 2006 and February of 2007.

161. As operations manager for Deep Blue Marine, Krajewski had access to proprietary information and trade secrets of Deep Blue.

162. Krajewski signed an Employee/Contractor Non-Disclosure and Drug
Free Agreement ("Agreement") on October 10, 2006, to prohibit his unauthorized disclosure of proprietary information and trade secrets of Deep Blue. See Exhibit A, Employee/Contractor Non-Disclosure and Drug-Free Agreement, attached hereto and fully incorporated by this reference.

163. Pursuant to the Non-Disclosure Agreement, Krajewski agreed that during the course of his employment, and after the termination of employment, he would not disclose trade secrets as defined in the Agreement.

164. The Agreement specifically included both technical and business information including, but not limited to methods, processes, discussions, plans, techniques, equipment, locations, discoveries, recovered materials, research projects, sources of supplies, financial data and marketing, contract amounts and/or salaries, corporate income, disbursements, expenditures, and !or merchandising systems or plans.

165. Defendant Krajewski has and continues to publish statements on investment message boards of investment internet sites, including but not limited to Investorshub ("I-hub") for Deep Blue Marine, I-hub for Oceanic Research and Recovery, Inc., and Golden Boards, which disclose proprietary information in violation of the Agreement.

166. As a direct and proximate result of Defendant's breach of the Agreement Plaintiff Deep Blue has been damaged.

167. As a consequence, Plaintiff Deep Blue has been damaged, including general, special and consequential damages and alleged herein, in an amount to be proved at trial in excess of $75,000.00, plus all legal fees and costs, and pre- and post judgment interest thereon.

SIXTH CAUSE OF ACTION
BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING
(Plaintiff Deep Blue Marine)

168. Plaintiff Deep Blue repeats and realleges each and every allegation as stated above as though fully set forth herein.

169. All contracts entered into, associated with, or alleged herein are subject to the covenant of good faith and fair dealing.

170. Defendant owed Plaintiff Deep Blue a duty to act in good faith and fair dealing in his negotiation, obligations, and execution of contractual agreements with Plaintiff.

171. Defendant failed to act in good faith and fair dealing with Plaintiff Deep Blue.

172. As a direct and proximate result of Defendant's breach of the covenant of good faith and fair dealing Plaintiff Deep Blue was damaged.

173. As a consequence, Plaintiff Deep Blue has been damaged, including general, special and consequential damages and alleged herein, in an amount to be proved at trial plus all legal fees and costs, and pre- and post judgment interest thereon.

SEVENTH CAUSE OF ACTION
INJUNCTIVE RELIEF

174. Plaintiffs repeat and reallege each and every allegation as stated above as though fully set forth herein.

175. Defendant is disclosing proprietary information and trade secrets of Deep Blue in violation of the Non-Disclosure Agreement.

176. Defendant is engaged in a campaign to destroy Plaintiff by an onslaught of false, misleading and defamatory postings on various on-line message boards falsely alleging various unlawful and criminal acts by Plaintiffs and falsely alleging that Plaintiffs are under investigation by the SEC and federal authorities.

177. If Defendant is not immediately and permanently enjoined from disclosing proprietary information of Deep Blue and from publishing false and defamatory statements alleging criminal conduct and SEC and federal violations, among other false allegations by Defendant against Plaintiffs of criminal and unlawful conduct, the damage to Plaintiffs will be immediate and irreparable.

178. There is a substantial likelihood that Plaintiffs will prevail on the merits and the likelihood of harm to Plaintiffs greatly outweighs the likelihood of harm to Defendant if not enjoined.

179. Due to the false and defamatory claims by Defendant, and Defendant's intent to destroy Plaintiffs and any company doing business with Plaintiffs and to manipulate the public investment market with respect to Plaintiffs and any company doing business with Plaintiffs, the interests of the public favor an injunction against the Defendant.

180. Given the nature of this matter, Plaintiffs submit that a bond is not required to enjoin Defendant from disclosing Deep Blue'proprietary information and trade secrets in violation of the Non-Disclosure Agreement and from publishing false and defamatory statements against Plaintiffs.
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