9. On September 2, 2009, Domark acquired 3.5 million shares of 310 Holdings (“310”). 310 subsequently changed their name to JBI, Inc. On September 10, 2009, as part of a management change at Domark, the Debtor and his wife received from Domark 3.5 million shares of 310 stock. All of the 3.5 million shares of 310 stock were issued as tenancy by the entireties property and the stock certificates denominated "Roy Thomas Kidd & Joan L Kidd Ten Ent" as the owners.
Copies of the 310 stock are attached hereto and incorporated herein by reference as Exhibit “B”.
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Exhibit "B"
Cert 1: - 1,000,000 Restricted shares
Cert 2: - 2,500,000 Restricted shares
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10. In March/April of 2010, as a result of the 310/JBI corporate name change, the Debtor and his wife received new share certificates breaking up their remaining 310 shares into smaller blocks of JBI stock. Again, all of these new JBI certificates were issued as tenancy by the entireties property and the stock certificates denominated "Roy Thomas Kidd & Joan L Kidd Ten Ent" as the owners.
Copies of the JBI stock are attached hereto and incorporated herein by reference as Exhibit “C”.
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Exhibit "C"
Cert 1: - 25,000 shares (no Restricted legend)
Cert 2: - 125,000 shares (no Restricted legend)
Cert 3: - 100,000 shares (no Restricted legend)
Cert 4: - 40,000 shares (no Restricted legend)
Cert 5: - 1,750,000 Restricted shares
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Exhibit A - OCR extract:
In addition, pursuant to paragraph 3 of the Settlement Agreement, YA Global has the right to "exercise all remedies available to it under law to collect the Final Judgment." See Gonzalez Aff., ~ 3 and Exhibit "B." As a result, YA Global is in the process of enforcing the Final Judgment. In those efforts, YA Global has discovered that Kidd became the owner of a significant amount of shares of stock in JBI, Inc. (uJBI") in 2009. YA Global has been informed by the CEO of JBI, Inc., John Bordynuik, that Kidd has been selling his JBI shares though his brokerage account maintained at Maxim. See Gonzalez Aff., 9. Maxim maintains an office at 246 Maple Avenue in Red Bank, NJ. See Gonzalez Aff., 9.
Pursuant to Rule 4:52, Defendants now seek to enjoin Kidd from engaging in any activities that would allow Kidd to sell the JBI stock, or any other assets in his Maxim account(s). Kidd is wrongfully refusing to honor the Final Judgment and Settlement Agreement by not making payments to YA Global. Further, he is selling and may continue to sell assets that should be used to satisfy the Final Judgment against him. Should the Court not prevent him from doing so, he will continue to avoid his obligations to YA Global.
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Maxim Account
Kidd - JBI Inc – stock certificates
Certificate Date Amount
11 Mar 10...............................1,750,000 RESTRICTED
16 Apr 10.................................125,000
16 Apr 10.................................100,000
22 Apr 10..................................25,000
22 Apr 10..................................40,000
Total...................................2,040,000
JBI stock, per SEC filing.......3,500,000
Difference.........................1,460,000 |
