8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549

FORM 8-K

CURRENT REPORT PURSUANT

TO SECTION 13 OR 15(D) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of report (Date of earliest event reported)August 31, 2009                                                  

APPLIED ENERGETICS, INC.

(Exact Name of Registrant as Specified in Its Charter)

Delaware

(State or Other Jurisdiction of Incorporation)

3590 East Columbia Street, Tucson, Arizona	85714
(Address of Principal Executive Offices)	(Zip Code)

(520) 628-7415

(Registrant’s Telephone Number, Including Area Code)

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 1.02.   Termination of a Material Definitive Agreement

On September 1, 2009, pursuant to the Agreement and Complete and Full General Release, the Registrant’s employment agreement with Kenneth M. Wallace dated October 26, 2007, as amended, was terminated, except as to Section 7 (Confidentiality; Noncompetition; Nonsolicitation; Nondisparagement) and 8 (Executive’s Cooperation).

Item 5.02. Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers; Compensatory Arrangements of Certain Officers.

(b)        On September 1, 2009, the Registrant and Kenneth M. Wallace entered into a separation agreement (the “Separation Agreement”) pursuant to which Mr. Wallace’s employment as Chief Financial Officer of the Registrant terminated.  Pursuant to the terms of the separation agreement, Mr. Wallace will receive (i) a lump sum payment of $29,000, (ii) four (4) monthly payments of $28,125 and (iii) a lump sum payment of $7,682.35 as reimbursement for health and medical insurance premiums for six months.

(c)        On September 1, 2009, the Registrant appointed Humberto Astorga, Controller of the Corporation, as its principal financial officer and principal accounting officer for SEC reporting purposes.  Mr. Astorga’s base salary is $137,500.

Since March 2006, Mr. Astorga has been Controller of the Registrant.  Prior to joining the Registrant, Mr. Astorga was Controller of Lasertel, Inc., a semi-conductor laser manufacturer he joined in June 2002.  From 2001 through June 2002, Mr. Astorga was senior financial analyst of NCS Pearson, Inc., a provider of educational assessments, products, services and solutions.  Prior to joining NCS Pearson, Mr. Astorga was the SAP Business Analyst for Leoni Wiring Systems, Inc., a global supplier of wires, cables and wiring systems.  From 1997 until he joined Leoni Wiring in 2000, Mr. Astorga was a senior financial analyst for the Chamberlain Group, Inc., a consumer electronics manufacturing company.

Item 8.01.   Other Events.

On August 31, 2009, the Superior Court of the State of Arizona in and for the County of Pima issued an order preliminarily approving the settlement of the derivative litigation against Applied Energetics, Inc. and certain of its current and former directors.  Pursuant to the order, attached as Exhibit 99.1 is a publication notice of the proposed settlement.

Item 9.01.   Financial Statements and Exhibits

(d)  99.1       Publication Notice of the Proposed Settlement.

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 thereunto duly authorized.

APPLIED ENERGETICS, INC. (Registrant)
By:	/s/ Joseph Hayden
	Joseph Hayden
	Chief Operating Officer

Date:  September 3, 2009

EX-99.1

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF PIMA

ANTOINETTE J. MARINEAU-JOHANSEN, as personal representative for the Estate of John T. Johansen, Derivatively and on behalf of Nominal Defendant, IONATRON, INC.,   Plaintiff,   v.   THOMAS C. DEARMIN, GEORGE P. FARLEY, JAMES A. McDIVITT, JAMES K. HARLAN, DAVID C. HURLEY, DANA MARSHALL and ROBERT HOWARD,   Defendants,   and   IONATRON, INC.,                            Nominal Defendant.   Civil Case No. C20064818      

PUBLICATION NOTICE OF PROPOSED

SETTLEMENT OF DERIVATIVE ACTION

TO: ANY PERON WHO OWNS IONATRON, INC., n/k/a APPLIED ENERGETICS, INC. (“IONATRON”) COMMON STOCK (“IONATRON SHAREHOLDER”)

YOU ARE HEREBY NOTIFIED that pursuant to an Order of the Superior Court of the State of Arizona in and for the County of Pima, a hearing will be held on October 13, 2009, at 2:00 p.m. PDT., before the Honorable Stephen C. Villarreal, at Arizona Superior Court for the County of Pima, 110 West Congress, Tucson, Arizona, 85701, for the purpose of determining whether the proposed settlement in the above captioned derivative action (the “Derivative Action”) should be approved as fair, reasonable and adequate, and whether a judgment dismissing the Derivative Action should be entered.  Plaintiff in the Derivative Action filed certain claims against the Defendants on behalf of and in the right of Ionatron, alleging that the Defendants breached their fiduciary duties of care, good faith and loyalty to Ionatron.  Plaintiff further alleges that as the result of Defendants’ alleged wrongdoing, Ionatron has suffered substantial monetary and non-monetary harm.  In connection with the Settlement, Ionatron has agreed to maintain and to adopt therapeutic governance and procedures for a period of time, and Ionatron officers and directors are being released from liability to Ionatron.  The settlement also provides for the payment of Plaintiffs Counsel’s fees and expenses, a potential incentive payment to Plaintiff, and contemplates the dismissal of the shareholder derivative litigation as further described in pleadings filed in this action.

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IF YOU ARE A CURRENT OWNER OF IONATRON COMMON STOCK YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THE DERIVATIVE ACTION.  If you consider yourself a current owner of Ionatron common stock you can obtain more detailed information by contacting:

William B. Federman

FEDERMAN & SHERWOOD

10205 N. Pennsylvania

Oklahoma City, OK 73120

Telephone:  (405) 235-1560

Attorneys for Plaintiff

Any objection to this settlement must be filed with the Court and received by all of the following no later than September 28, 2009:

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To the Court:	To Plaintiff’s Counsel:	To Ionatron and Defendants’ Counsel:
Arizona Superior Court of Pima County 110 W. Congress Tucson, AZ 85701	William B. Federman FEDERMAN & SHERWOOD 10205 N. Pennsylvania Oklahoma City, OK 73120 Telephone:  (405) 235-1560 Attorneys for Plaintiff	Harris N. Cogan BLANK ROME LLP The Chrysler Building 405 Lexington Ave. New York, NY 10174 Telephone:  (212) 885-5566 Attorneys for Defendants

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PLEASE DO NOT CONTACT THE COURT OR THE CLERK OF THE COURT REGARDING THIS NOTICE.

DATED: August 31, 2009	BY ORDER OF THE COURT
	SUPERIOR COURT OF ARIZONA IN AND FOR
	THE COUNTY OF PIMA

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