Current Report Filing (8-k)
August 03 2017 - 6:17AM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date
of Report (Date of Earliest event Reported):
June 26, 2017
ECO
BUILDING PRODUCTS, INC.
(Exact
name of registrant as specified in its charter)
Colorado
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000-53875
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20-8677788
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(State
of
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(Commission
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(I.R.S.
Employer
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incorporation)
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File
Number)
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Identification
No.)
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11568
Sorrento Valley Road #13
San
Diego, California 92121
(Address
of principal executive offices)
Phone:
(858) 780-4747
(Registrant’s
telephone number)
Check
the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant
under any of the following provisions (
see
General Instruction A.2. below):
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Section
8 - Other Events
Item
8.01 Other Events.
On
June 26, 2017, we filed a Verified Complaint against Mark Vuozzo, our Chief Technical Officer (“Mr. Vuozzo”), in a
matter styled
Eco Building Products, Inc. v. Mark Vuozzo
, District Court, County of Denver, State of Colorado Case No.
2017-cv-032306 (our “Lawsuit”). We allege eight causes of action, seeking, in relevant part, a judicial declaration
that a document that Mr. Vuozzo contends to be an Employment Agreement with us is invalid; a judicial declaration that confirms
our exclusive right to our trade secrets, including our chemical formulae and processes; injunctive relief, enjoining Mr. Vuozzo
from pursuing the arbitration proceedings that he initiated based upon the Employment Agreement that, in our Lawsuit, we contend
is invalid; and injunctive relief, enjoining Mr. Vuozzo from disclosing any of our trade secrets and ordering him to account for
and return to us all of our intellectual property that he may have taken from us. We also seek damages from Mr. Vuozzo on a breach
of contract claim for the consequences of his making changes to Eco’s chemical formulas unilaterally and without authorization
or proper testing, for a breach of his fiduciary duty to us, and for conversion. As of the date of this Current Report, Mr. Vuozzo
has not responded to our Lawsuit. Mr. Vuozzo is currently on unpaid leave.
Prior
to our initiating the Colorado Lawsuit, Mr. Vuozzo filed a demand for arbitration with AAA, styled
Vuozzo v. Eco Building Products,
Inc.
, Case Number: 01-17-0003-1661 (the “Arbitration”), claiming that he is owed $700,000 in unpaid salary under
the above-referenced purported Employment Agreement. We deny Mr. Vuozzo’s demand in its entirety and, to the extent required,
will vigorously defend against his wrongful position. In anticipation of our filing the Colorado Lawsuit, AAA adjourned its proceedings
until August 12, 2017. We have requested an additional adjournment of the Arbitration to allow the Colorado Court to resolve certain
preliminary issues, including jurisdiction. After we filed our Lawsuit, Mr. Vuozzo executed a Non-Disclosure Agreement in which
he agreed, among other things, not to disclose or disseminate any of our proprietary or confidential intellectual property. Further,
in a sworn Affidavit, dated July 12, 2017, Mr. Vuozzo certified, among other things, that he possesses none of our trade secrets
or confidential information and that he has not in the past and will not in the future make available any of our trade secrets
or confidential information to any third-party.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the Company has duly caused this report to be signed on
its behalf by the undersigned hereunto duly authorized.
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ECO
BUILDING PRODUCTS, INC.
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Date:
August 2, 2017
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By:
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/s/
Tom Comery
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Tom
Comery
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President
& CEO
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