Rackwise, Inc. v. Archbold
Filing
154
FINAL JUDGMENT signed by Senior Judge William B. Shubb on 5/28/2019. CASE CLOSED. (Donati, J)
1
2
3
4
5
6
Ognian Gavrilov, SBN 258583
H. Vincent McLaughlin, SBN 106071
GAVRILOV & BROOKS
2315 Capitol Avenue
Sacramento, CA 95816
Telephone:
(916) 504-0529
Facsimile:
(916) 473-5870
Email:
vmclaughlin@gavrilovlaw.com
Attorneys for Plaintiff
Rackwise, Inc.
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
RACKWISE, INC., a Nevada corporation,
11
12
CASE NO. 2:17-cv-00797-WBS-CKD
Plaintiff,
FINAL JUDGMENT
v.
13
14
GUY ARCHBOLD, an individual,
15
Defendant.
16
17
The Court has ORDERED, ADJUDGED and DECREED that Final Judgment is hereby
18
entered in favor of Rackwise, Inc. and against Defendant Guy Archbold with respect to the
19
following findings of fact:
20
21
22
23
24
1.
On March 22, 2017, Rackwise Funding II, LLC validly exercised its warrants
and purchased 1,448,400 shares of Rackwise common stock.
2.
On March 22, 2017, Triple R-F, LLC validly exercised its warrants and
purchased 9,638,740 shares of Rackwise common stock.
3.
On March 23, 2017, Rackwise shareholders Rackwise Funding, LLC, Rackwise
25
Funding II, LLC, Black Diamond Financial Group, LLC, Black Diamond Holdings, LLC, and
26
Triple R-F, LLC, acting by written consent in accordance with § 3.3 of the Rackwise Bylaws,
27
ratified and approved the removal of Guy Archbold and Sherman Henderson as directors of
28
Rackwise effective February 3, 2017, and ratified and approved the appointment of Patrick
Imeson and Bart Richert as directors of Rackwise effective February 3, 2017.
1
FINAL JUDGMENT
1
4.
On March 23, 2017,
Rackwise shareholders Rackwise Funding, LLC,
2
Rackwise Funding II, LLC, Black Diamond Financial Group, LLC, Black Diamond Holdings,
3
LLC, and Triple R-F, LLC, acting by written consent in accordance with § 3.3 of the Rackwise
4
Bylaws, ratified and approved the termination of Guy Archbold as an officer and employee of
5
Rackwise effective February 3, 2017, and ratified and approved the appointment of Patrick
6
Imeson as chief restructuring officer for Rackwise effective February 3, 2017.
7
5.
No later than March 23, 2017, Defendant Archbold ceased to have any legal
8
authority to hold himself out as an officer, director, or employee of Rackwise, Inc., or to act on
9
behalf of Rackwise, Inc.
10
6.
The Rackwise Board, in acting to terminate defendant Archbold as an officer,
11
director, and employee of Rackwise effective February 3, 2017, and as ratified by the
12
Rackwise shareholders, had just cause.
13
14
15
16
17
18
IT IS THE JUDGMENT OF THE COURT that defendant Guy Archbald, his agents,
and any party acting in concert with him or his agents are hereby permanently enjoined from:
1.
accessing or logging into, or attempting to access or log into, Rackwise, Inc.’s
account in the U.S. SEC’s online EDGAR filing system;
2.
representing himself to anyone as being an officer, director, or employee of, or
otherwise affiliated with Rackwise, Inc.; and
19
3.
20
AND IT IS HEREBY ORDERED, ADJUDGED and DECREED that each party shall
21
acting, attempting to act, or purporting to act on behalf of Rackwise, Inc.
bear its own costs and attorneys’ fees incurred in this action.
22
IT IS FURTHER ORDERED, ADJUDGED and DECREED that this Court shall retain
23
jurisdiction over any matter pertaining to this Final Judgment, including enforcing the terms of
24
this Final Judgment.
25
AND IT IS FURTHER ORDERED, ADJUDGED and DECREED that this case is
26
DISMISSED, and the Clerk of the Court is ordered to enter this Final Judgment forthwith and
27
without further notice. This is a final appealable order.
28
Dated: May 28, 2019
2
FINAL JUDGMENT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?