Through that mediation, the Parties have reached a compromise and settlement involving all matters regarding the Complaint, the First Amended Complaint and all other related matters. In the course of the litigation, the Parties exchanged certain information and supportįor their respective positions, and undertook significant settlement efforts.Įngaged in a mediation in the City of New York, State of New York. Withdrawal of Reference of the First Amended Complaint, and on or about August 5, 2010, the United States District Court for the Central District of California, approved the Stipulation to the Withdrawal of Reference from the United Statesīankruptcy Court and assumed jurisdiction of the Adversary Proceeding as USDC Case No. On or about July 27, 2010 the Plaintiff and Defendants stipulated to the On or about April 15, 2010, the Defendants filed their Motion to Dismiss the First Amended Complaint. Motion to Dismiss, and MTI filed its First Amended Complaint. On or about December 11, 2009, the Defendants filed their Finally, MTI alleged that certain of its former employees breached various non-disclosure agreements and misappropriated certain private and confidentialīusiness information, delivering same to FusionStorm.Ĭ. Unlawful competitive tactics to intentionally and deliberately injure MTIs business. MTI further alleged that the Defendants employed unfair and TheĬomplaint further alleged that Defendants recruited and solicited key revenue-generating employees of MTI, and those employees support staff in California, New York, and New Jersey.
The Complaint alleged, inter alia, that FusionStorm and its officers undertook unlawful and anti-competitive actions to obtain certain of MTIs operations in North America.
Individual, Justin Griffin, an individual, Dimitris Krekoukias, an individual, Robert Linsky, an individual, Robert Owen, an individual, Heeki Park, an individual, Greg Presininzi, an individual and Thomas Tar, an individual, as adversary numberĨ:09-01639 ES (the ∺dversary Proceeding). Serpico, an individual, Marc Franz, an individual, Christopher Butts, an individual, Richard Bocchinfuso, an individual, Matthew Dwyer, an V., Fusionstorm, a Delaware corporation (∿usionStorm), John Varel, an individual, Daniel R. On or about October 14, 2009, the Plaintiff filed a complaint (the ∼omplaint), styled MTI Technology Corporation United States Bankruptcy Court for the Central District of California (the ∻ankruptcy Court), styled In re MTI Technology Corporation, Case No. 8:07-13347-ES (the ∻ankruptcy Case).ī. On or about October 15, 2007, the Debtor filed a voluntary petition under Chapter 11 of the Bankruptcy Code with the The Plaintiff and the Defendants are together referred to herein as the Parties.Ī. Individual, Christopher Butts, an individual, Richard Bocchinfuso, an individual, Matthew Dwyer, an individual, Justin Griffin, an individual, Dimitris Krekoukias, an individual, Robert Linsky, an individual, Robert Owen, an individual, Heeki Park,Īn individual, Greg Prestininzi, an individual and Thomas Tar, an individual (FusionStorm, Varel, Serpico, Franz, Butts, Bocchinfuso, Dwyer, Griffin, Krekoukias, Linsky, Owen, Park, Presininzi, and Tar are collectively referred to herein as
And Mutual Release (this ∺greement) is entered into as of the first date upon which this Agreement is fully executed by all parties (the ∾ffective Date), by and between (i) Plaintiff MTI Technology Corporation, DebtorĪnd Debtor in Possession (the ∽ebtor or Plaintiff) on one hand, and (ii) Fusionstorm, a Delaware corporation (∿usionStorm), John Varel, an individual, Daniel R.