-----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, Vzy/TBrGGL+264GkhHJGYkorPl6dsHqNtamv46QcydJkZw9B1FgT+djui1keQoNs 0yvNAglHZh1Q0bNStM6mew== 0000892569-99-001887.txt : 19990712 0000892569-99-001887.hdr.sgml : 19990712 ACCESSION NUMBER: 0000892569-99-001887 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19990610 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 19990709 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SIONIX CORP /UT/ CENTRAL INDEX KEY: 0000764667 STANDARD INDUSTRIAL CLASSIFICATION: MACHINE TOOLS, METAL CUTTING TYPES [3541] STATE OF INCORPORATION: UT FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 002-95626-D FILM NUMBER: 99662047 BUSINESS ADDRESS: STREET 1: 26875 JASPER CITY: MISSION VIEJO STATE: CA ZIP: 92691 BUSINESS PHONE: 9493647171 MAIL ADDRESS: STREET 1: 26875 JASPER CITY: MISSION VIEJO STATE: CA ZIP: 92691 FORMER COMPANY: FORMER CONFORMED NAME: AUTOMATIC CONTROL CORP /NV DATE OF NAME CHANGE: 19960422 FORMER COMPANY: FORMER CONFORMED NAME: SIONIX CORP DATE OF NAME CHANGE: 19960214 FORMER COMPANY: FORMER CONFORMED NAME: CORONADO CAPITAL CORP DATE OF NAME CHANGE: 19950111 8-K 1 FORM 8-K, DATE OF REPORT JUNE 10,1999 1 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 Date of Report: June 10, 1999 SIONIX CORPORATION (Exact name of registrant as specified in its charter) Utah 2-95626-D 87-0428526 - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 9272 Jeronimo Road, Suite 108 Irvine, California 92618 ---------------------------------------- (Address of principal executive offices) Registrant's telephone number, including area code: (949) 454-9283 Not Applicable ------------------------------------------------------------- (Former name or former address, if changed since last report) 2 ITEM 5. OTHER EVENTS. On June 10, 1999 Sionix Corporation (the "Company") filed an action against Jack Moorehead, Dascore, LLC, S. Donna Friedman and certain others in the U.S. District Court for the Southern District of California (Case No. 99-cv-1201-K-LSP). Moorehead is the former President of the Company, and Dascore LLC is an entity controlled by him and in a business related to that of the Company. S. Donna Friedman is a former officer and director of the Company. The Complaint alleges, among other things, that the defendants have infringed and continue to infringe on certain patents owned by the Company, and that they are familiar with the Company's intellectual property through their past positions with the Company. The Complaint also alleges that the defendants have sold or attempted to sell technology owned by the Company and covered by the Company's patents, and that the defendants are unfairly competing with the Company by exploiting its technology without payment. In addition, the action includes claims of false advertising, in that the defendants are falsely representing that they own the technology; interference with economic relations and interference with prospective advantage, relating to the effect that the defendants' conduct has had on the Company's dealings with third parties; and misappropriation of trade secrets learned by the defendants while associated with the Company. The complaint further alleges that the defendants conspired to convert technology, money and equipment owned by the Company, and used Company funds to pay personal expenses. Finally, the complaint alleges that Moorehead and Friedman defrauded the Company and breached their fiduciary duties to the Company in connection with their departure from the Company and their retention of property of the Company. In the Complaint, the Company seeks monetary damages in an amount to be determined, injunctive relief, an accounting and a declaratory judgment. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS Exhibit 99 Press release dated July 9, 1999. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Sionix Corporation By: /s/ James J. Houtz ---------------------------------- James J. Houtz, President Date: July 9, 1999 2 EX-99 2 PRESS RELEASE DATED JULY 9, 1999 1 Exhibit 99 SIONIX CORPORATION ANNOUNCES FILING OF LAWSUIT AGAINST FOUNDER Irvine, California (July 9, 1999). James J. Houtz, President of Sionix Corporation (OTCBB-SINX), announced the filing of a major lawsuit against Jack Moorehead, the founder of Sionix, and certain others. The action charges Moorehead, S. Donna Friedman and certain others with patent infringement, unfair competition, false advertising, fraud, breach of fiduciary duties and conspiracy in connection with their activities as officers and directors of Sionix and their activities following their departure from Sionix. "Since taking control of Sionix last summer, I have learned that Moorehead and his confederates are using the technology developed by Sionix in a new business that competes directly with Sionix" explained Houtz. "I also learned that significant property of Sionix, including computers, drawings, technical data and other items crucial to our business, were missing." Houtz went on to say that "in order to protect the shareholders of Sionix, who paid for the development of the technology, I felt I had no choice but to bring this action to protect their investment." Houtz stressed that the absence of the items has not prevented Sionix from moving forward toward production. "It slowed us down somewhat" remarked Dave Lambert, Director of Research and Development of Sionix, "but we believe we have now advanced the technology beyond the level developed while Moorehead was President." According to Houtz, while investigation and development of the case against Moorehead had been a distraction over the past few months, "now that the case has been filed and is in the hand of the lawyers, the Sionix management team can concentrate on the final development of our products and commencement of regular manufacturing." This news announcement may contain "forward-looking statements"' within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause actual results, performance and achievements of Sionix Corporation to be materially different from any future results, performance or achievements expressed or implied, such as differences discussed in Management's Discussion and Analysis of the Financial Condition and Results of Operations in the Annual Report on Form 10-K and other documents filed by Sionix Corporation with the Securities and Exchange Commission. -----END PRIVACY-ENHANCED MESSAGE-----