Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Pastimes : Plastics to Oil - Pyrolysis and Secret Catalysts and Alterna -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (3604)	12/6/2010 2:59:41 PM
From: scion	Read Replies (1) \| Respond to of 53574

Doc 9 PDF file 10/27/2010 9 ANSWER to 1 Complaint by JBI, Inc..(Beveridge, Cathy) (Entered: 10/27/2010) viewer.zoho.com OCR IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL KAPLANIS, Plaintiff, vs. JBI, INC., a Nevada Corporation and JOHN BORDYNUIK, an Individual, Defendants. DEFENDANT JBI'S ANSWER AND DEFENSES TO PLAINTIFF'S COMPLAINT COMES NOW, the Defendant, JBI, INC., ("JBI") by and through its undersigned counsel, and files this Answer and Affirmative Defenses, and states as follows: PARTIES, JURISDICTION, AND VENUE 1. Denied that this claim is worth $75,000.00 or more. 2. Denied. When Plaintiff entered into the Employment Agreement ("Agreement"), Plaintiff resided outside the state of Florida. 3. Admitted only that JBI is a Nevada corporation with its principal place of business in 1483 Allanport Road, Allanburg, Ontario, Canada. 4. Admitted. 5. Denied that diversity jurisdiction exists, since the amount in controversy is less than $75,000.00. 6. Denied. FACTUAL ALLEGATIONS 7. Denied. 8. Admitted only that John Bordynuik spoke with Plaintiff about entering into the Agreement with JBI when Plaintiff was in Illinois or in Canada. Otherwise, denied. 9. Admitted only that Plaintiff and Bordynuik negotiated the Agreement. The Agreement speaks for itself. 10. The Agreement speaks for itself. 11. Admitted. 12. Denied. 13. Admitted only that Plaintiff received 100,000 shares of JBI stock. Otherwise, the Agreement speaks for itself. 14. Admitted. 15. Denied. 16. Admitted only that Plaintiff received a sixty (60) day termination notice on or about July 15, 2010. Otherwise, denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Admitted that JBI terminated Plaintiff with cause. 22. Denied. 23. Denied. 24. Denied. COUNT I - BREACH OF CONTRACT AGAINST JBI 25. Defendant realleges and incorporates its answers to paragraphs 7-24 above. 26. Admitted. 27. Admitted upon knowledge and belief. 28. Admitted only that the Agreement speaks for itself and clearly specifies the particular benefits and salary to be paid to Kaplanis. Otherwise, denied. 29. Denied. 30. Denied. 31. Denied. 32 Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied. 37. Denied. 38. Denied. COUNT II - EQUITABLE ACCOUNTING AGAINST JBI AND BORDYNUIK 39-43. This Count is the subject of Defendants' Motion to Dismiss. COUNT III - NEGLIGENT MISPRESENTATION AGAINST JOHN BORDYNUIK 44-53. This Count is the subject of Defendants' Motion to Dismiss. 54. Denied that Plaintiff is entitled to a jury triaL. 55. All unanswered averments are denied AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE JBI states that its performance under the Employment Agreement is excused due to the breach by the Plaintiff of Paragraphs 1 (b), ( c) and ( e) of the Agreement by failing to devote all of Plaintiff’s business time, energy and skill in the performance of his duties and his failure to obey the lawful directions of the CEO and use his diligent efforts to promote the interests of the Company. SECOND AFFIRMATIVE DEFENSE Plaintiff is not entitled to a jury trial on this claim because the Parties clearly and unequivocably waived their right to a jury trial in bold lettering in Paragraph 14 of the Employment Agreement. THIRD DEFENSE Defendant reserves the right to assert further affirmative defenses as identified through discovery. WHEREFORE, for the reasons stated above, Defendant JBI, Inc. respectfully requests that Plaintiffs Complaint be dismissed in its entirety and with prejudice, and that JBI, Inc. be awarded its costs, including reasonable attorney's fees, incurred in defending this action and all other relief to which it is entitled. DATED: October 27,2010 /s/ Cathy J. Beveridge Cathy J. Beveridge Florida Bar No.: 0831018 FOWLER WHITE BOGGS P.A. 501 E. Kennedy Boulevard, Suite 1700 Tampa, Florida 33602-5239 (813) 228-7411/Facsimile: (813) 229-8313 cbeveridge@fowlerwhite.com Counsel for Defendants