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Exobox Technologies Corp. v. Tsambis

United States District Court, D. Nevada

October 7, 2014

EXOBOX TECHNOLOGIES CORP., Plaintiff,
v.
ZACHARY TSAMBIS, Defendant.

ORDER

CAM FERENBACH, Magistrate Judge.

This matter involves Exobox Technologies' civil action against Zachary Tsambis for intentional interference with Exobox's business and civil conspiracy. Before the court is Exobox's Motion to Compel (#26[1]). Tsambis filed an opposition (#29); and Exobox replied (#31). For the reasons stated below, Exobox's Motion to Compel is granted.

BACKGROUND

Plaintiff Exobox Technologies is a publically traded company. (Compl. (#1) at 1). It wanted to acquire a majority stake in Cherubim Builders Group, LLC. ( Id. ) To do so, Exobox was required to file a Form 8-K Current Report that publicly announced the merger. ( Id. ) This allegedly upset one of Exobox's shareholders, Defendant Zachary Tsambis.

Tsambis took to the internet-message boards on iHub, a website that Tsambis moderates. ( Id. ) He allegedly made false statements about Exobox and threatened to file a lawsuit in Texas to enjoin the merger. ( Id. at 2). "[O]ur holdings, " Tsambis allegedly wrote, "will become burnt toast if we don't stop this deal." ( Id. at 4). Tsambis even emailed Exobox's Chief Executive Officer, saying "there is a die-hard group of large shareholders who I believe would rather see this ship sink than to see someone else make off with any of the leftover goods." ( Id. )

True to his alleged threats to commence a lawsuit, Tsambis allegedly used iHub to solicit and obtain funds from other Exobox shareholders. ( Id. ) "[W]e're going to need a very high-priced securities attorney (which we may have already found), " he wrote. ( Id. ) Other iHub users, including NoModerator, TheLaserGuy, AskMrOwl, muskratcuzzin, exoman, bigdaddy2009, PRU, Apohavol, lakebound, beninsac, astrofan, ag28882, sosjtb, Kwayne, Bubba Says, mac40, the_kube, and highstakes joined in Tsambis' effort. ( Id. )

On February 28, 2014, Tsambis filed suit in Harris County, Texas using funds from these unidentified co-conspirators. ( Id. ) The lawsuit worked. Exobox's proposed merger with Cherubim Builders Group, LLC died.

On April 3, 2014, Exobox commenced this action for civil conspiracy and intentional interference with Exobox's business. The parties are currently in the midst of discovery. The following three interrogatories and three document requests are now at issue:

Interrogatory 1: Identify each and every Person and/or entity that assisted in answering these interrogatories.
Interrogatory 2: Identify each and every Person and/or entity that contributed financially in any way, and in any amount, to any and all litigation costs for the Texas Case, including, but not limited to, legal fees, accounting fees, expert witness fess, and any other costs or fees incurred to support the preparation and litigation of the Texas Case.
Interrogatory 3: State with specificity all facts and identify all Documents relating to and/or concerning Tsambis' Solicitation of financial contributions made by the Persons and/or entities named in response to Interrogatory No. 2.
Document Request 1: Produce all Documents referenced, identified, referred to and/or consulted in responding to Plaintiff's First Set of Interrogatories to Tsabmis.
Document Request 2: Produce all written Communications, Contracts, and/or Documents relating to and/or concerning the payment of funds used, or to be used, to prepare for, file, and/or maintain the Texas Case, including, but not limited to, receipts, copies of checks, and/or other evidence of payment.
Document Request 3: Produce all written Communications between Tsambis and his Agents or other Persons relating to and/or concerning the solicitation and/or receipt of funds received for the purpose of furthering the cause of preparing for the Texas Case, ...

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