Ilan Bunimovitz, 2 Large Investors Seek Injunction Against Private
The suit, filed at Clark County District Court in Las Vegas, seeks an injunction over much of Barcelona-based Private's business activities and seeks the appointment of a receiver.
A hearing over the matter begins Friday morning in Las Vegas.
Joining Bunimovitz as plaintiffs are stockholders Consipio Holding BV, which purports to hold 5.6 million shares of the company, and Tisbury Services Ltd., which owns 2.8 million shares. Bunimovitz owns 1.9 million shares.
The proposed injunction would enjoin Private from issuing any additional shares of stock, incurring any additional debt, disposing of any business assets outside of the ordinary course of business and making any loans to any officer, affiliate or director of the company.
It also would force Private from closing any bank or brokerage account and paying any bonus to any officer or director of the company.
Bunimovitz told XBIZ that he couldn't comment on the claims but said, "We tried to be very clear in our case."
Last month, Bunimovitz’s attorneys claimed there was no legitimate basis or cause for his purported termination. Berth Milton, a long-time Private executive and board chairman, replaced Bunimovitz as acting CEO on July 19.
Bunimovitz has been contesting his termination from the company because "it was taken in retaliation for his efforts to investigate self-dealing transactions by [Milton] that were possibly contrary to the [Private's] interests and violative of the federal securities laws," according to a statement obtained by XBIZ.
Private said Bunimovitz was terminated by the company under provisions allowing it to terminate the agreement for cause. But Bunimovitz said his termination was an act of retaliation in an effort to silence him.
Attorneys for Private were not immediately available for comment at post time.