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McDonnell v. Intelicloud Holdings Inc.

United States District Court, C.D. California

April 28, 2017

CLIFTON R. MCDONNELL, derivatively on behalf of himself and all other stockholders of INTELICLOUD HOLDINGS, INC., Plaintiff,
v.
INTELICLOUD HOLDINGS, INC., a Delaware corporation; INTELICLOUD TECHNOLOGY, INC., a Nevada corporation; INTELICLOUD HOLDINGS, INC., a California corporation; SLICE NETWORKS, LLC, a California limited liability company; VOXCORP, INC., a Utah corporation; VOXCORP ACQUISITION CORP., a Delaware corporation; JEFFREY FRIEDERICHS, an individual; NEELOY BHATTACHARYYA, an individual; KENNETH HUBBARD, an individual; GIL AMELIO, an individual; JOSEPH TORKAN, an individual; JULIE GIBSON, an individual; and DOES 1 through 30, inclusive, Defendants, -and- NTELLICLOUD HOLDINGS, INC., a Delaware Corporation, Nominal Defendant.

          FINAL JUDGMENT

          Honorable James V. Selna United States District Judge.

         This matter came before the Court on November 21, 2016 for a Motion for Entry of Default Judgment by Plaintiff Clifton R. McDonnell's (“Plaintiff”). The Court granted Plaintiff's Motion for Entry of Default Judgment in favor of Plaintiff and against InteliCloud Holdings, Inc. (“InteliCloud”), InteliCloud Technology Inc. (“InteliCloud Tech.”), Voxcorp Inc. (“Voxcorp”), Voxcorp Acquisition Corp. (“Voxcorp Acquisition”), and Neeloy Bhattacharyya (“Bhattacharyya”). The Court previously granted Plaintiff's request for default judgment against Defendant Jeffrey Friederichs (“Friedrichs”) (all Defendants collectively referred to herein as “Defendants”). The Court now enters judgment as follows:

         1. Plaintiff has sufficiently shown merit for his claims of relief Violations of Section 10(b) of the Exhange Act and Rule 10b-5; Fraud and Deceit by Suppression of Facts; Constructive Fraud; Breach of Fiduciary Duties; Unjust Enrichment; Unlawful, Unfair, and Fraudulent Business Practices in Violation of California Bus. & Prof. Code §17200, et seq.

         2. Plaintiff Clifton R. McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $142, 597.14, including post-judgment interest.

         3. Plaintiff Clifton R. McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, attorneys' fees and costs in the amount of $78, 877.82, including post-judgment interest.

         4. Equity Trust Company for the benefit of Rosalea McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $52, 000.00, including post-judgment interest.

         5. Equity Trust Company for the benefit of Thoron McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $12, 003.26, including post-judgment interest.

         6. Equity Trust Company for the benefit of Clifton R. McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $10, 400.00, including post-judgment interest.

         7. Natasha Guillen shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $5, 000.00, including post-judgment interest.

         8. Roxanna L. McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $5, 000.00, including post-judgment interest.

         9. Theresa A. McDonnell shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $5, 000.00, including post-judgment interest.

         10. Alexa G. Cardona shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $5, 000.00, including post-judgment interest.

         11. Liam B. Cardona shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of $5, 000.00, including post-judgment interest.

         12. Tabitha A. McGuire shall have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, ...


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