Complaint Review: Phasive Inc.

Filed August 2, 2016 (Case 2:16-cv-02613-MHB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Spindle, Inc., a Nevada Corporation, Plaintiff,

vs.

William Clark and Joann Clark, husband and wife; Sean Tate and Patricia La Due-Tate, husband and wife; Justin Clark, an individual; and Phasive, Inc., an Arizona Corporation,

Defendants.

Case No.:

COMPLAINT

JURY TRIAL DEMANDED

Comes now SPINDLE, INC. (“Spindle”), a Nevada Corporation, by and through its attorneys, Dickinson Wright, PLLC, in support of its Complaint against WILLIAM CLARK and JOANN CLARK, SEAN TATE and PATRICA La DUE-TATE, JUSTIN CLARK, and PHASIVE, INC. (collectively the “Defendants”), and states and avers as follows:

NATURE OF ACTION

1. Theft, deception, and disloyalty – William Clark, entrusted with the stewardship of a young and dynamic Arizona-based commerce solutions company, stole from it, deceived its directors and shareholders, and breached every duty recognized in law as obligations of corporate officials. And, William Clark’s minions – his son Justin and Sean Tate – participated willfully, knowingly and fully in William Clark’s premeditated and unconscionable damage to Spindle. This action arises from the Defendants’ numerous violations and breaches of their contractual, statutory, common law, and fiduciary duties to Spindle. These three Defendants, together and separately, while feigning loyalty to Spindle, misappropriated Spindle’s intellectual and personal property, improperly solicited Spindle’s employees, customers, and investors, and engaged in various other wrongful acts that damaged irreparably Spindle’s business and reputation.

2. As a result of the Defendants’ wrongful conduct, Spindle seeks injunctive relief  and monetary damages, pursuant to Fed. R. Civ. P. 65, federal and state statutes, and common law.

"Phasive, Inc. (“Phasive”) is an Arizona Corporation with its principal place of business in Scottsdale, Arizona. Upon information and belief, at or around the time Spindle terminated the employment of W. Clark, J. Clark, and Tate in June 2016, W. Clark, with the corrupt assistance of J. Clark and Tate, created Phasive and began engaging in business under that name. Upon information and belief, Phasive’s business unabashedly and improperly replicates entirely Spindle’s business, including using Spindle’s proprietary computer code in support of Phasive’s mobile coupon payment system."