-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ULOdDorlCqIL3LSIKfiPaFj6yCtnPUwN2+xPdx08U5Id7itV3g+5Qh7MFxysRG3o XPznnz93MP7RUOkHO/Kukw== 0001010412-04-000446.txt : 20041202 0001010412-04-000446.hdr.sgml : 20041202 20041201180210 ACCESSION NUMBER: 0001010412-04-000446 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20041129 ITEM INFORMATION: Other Events FILED AS OF DATE: 20041202 DATE AS OF CHANGE: 20041201 FILER: COMPANY DATA: COMPANY CONFORMED NAME: WHOLE LIVING INC CENTRAL INDEX KEY: 0001091983 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS FOOD PREPARATIONS & KINDRED PRODUCTS [2090] IRS NUMBER: 870621709 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26973 FILM NUMBER: 041178484 BUSINESS ADDRESS: STREET 1: 433 EAST BAY BLVD CITY: PROVO STATE: UT ZIP: 84606 BUSINESS PHONE: 8016551000 MAIL ADDRESS: STREET 1: 433 EAST BAY BLVD CITY: PROVO STATE: UT ZIP: 84606 8-K 1 k112904.txt 8-K CURRENT REPORT DATED NOVEMBER 29, 2004 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 November 29, 2004 Date of Report (Date of earliest event reported) WHOLE LIVING, INC. (Exact name of small business issuer as specified in its charter) Nevada 0-26973 87-0621709 (State of incorporation) (Commission File No.) (I.R.S. Employer Identification No.) 433 East Bay Boulevard, Provo, Utah 84606 (Address of principal executive offices) (801) 655-1000 (Registrant's telephone number) [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 8 OTHER EVENTS On November 29, 2004 the Honorable Ted Stewart for the United States District Court, District of Utah, Central Division (the "Court") released a memorandum decision and order finding Don Tolman, Mark Bowen, and Think Again, Inc., a Tennessee corporation doing business as Great American, The Wholefood Farmacy, in contempt for violation of a preliminary injunction granted to Whole Living, Inc. on August 2, 2003. The Court decided not to wait for trial because of the persistent violation of the preliminary injunction and awarded Whole Living preliminary damages in the amount of approximately $240,430, as well as attorney fees and costs. Whole Living initiated the case when it filed an action for a preliminary injunction against Don Tolman, a former consultant and founder of Brain Garden, LLC, on March 17, 2003. The purpose of the injunction was to stop Mr. Tolman from competing against the company in violation of a non-compete agreement he had signed. At a preliminary hearing on April 2, 2003, the court issued a temporary restraining order which expired April 10, 2003. On May 5, 2003 Mr. Tolman filed a counterclaim for payments he alleged were due and owing to him. Then on August 2, 2003 the Court granted the preliminary injunction against Mr. Tolman and the other parties, which was violated. SIGNATURES In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. WHOLE LIVING, INC. Date: December 1, 2004 By:/s/Sharmon L. Smith ____________________________________________ Sharmon L. Smith, Secretary/Treasurer -----END PRIVACY-ENHANCED MESSAGE-----