-----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, QU2Z3tsFABcTkcszlbhFHhnYMq0m3tCY5RW0Q/XEIOGo2AosYGDnTe9+8pUcs20X GWsOhzEIPP9YfirFJLhDmg== 0000904896-07-000108.txt : 20071016 0000904896-07-000108.hdr.sgml : 20071016 20071016135603 ACCESSION NUMBER: 0000904896-07-000108 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071016 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20071016 DATE AS OF CHANGE: 20071016 FILER: COMPANY DATA: COMPANY CONFORMED NAME: N-VIRO INTERNATIONAL CORP CENTRAL INDEX KEY: 0000904896 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 341741211 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21802 FILM NUMBER: 071173830 BUSINESS ADDRESS: STREET 1: 3450 W CENTRAL AVE STREET 2: STE 328 CITY: TOLEDO STATE: OH ZIP: 43606 BUSINESS PHONE: 4195356374 MAIL ADDRESS: STREET 1: 3450 WEST CENTRAL AVENUE SUITE 328 CITY: TOLEDO STATE: OH ZIP: 43606 8-K 1 form8-k10162007jpnfeddismiss.txt FORM 8-K - 10-16-07 JPN FEDERAL CASE DISMISSAL __________________________________________________________________ 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 Date of Report (Date of Earliest Event Reported): October 12, 2007 N-VIRO INTERNATIONAL CORPORATION (Exact Name of Registrant as Specified in its Charter) Delaware 0-21802 34-1741211 (State or Other Jurisdiction of (Commission File Number) (IRS Employer Incorporation or Organization) Identification No.) 3450 W. Central Avenue, Suite 328 Toledo, Ohio 43606 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (419) 535-6374 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): [ ] 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 8.01 OTHER EVENTS On October 16, 2007, N-Viro International Corporation issued a press release regarding the dismissal of a lawsuit. The press release is attached as Exhibit 99.1 and is incorporated by reference into this item. ITEM 9.01 - FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits Exhibit No. Description - ----------- ----------- 99.1 Press Release dated October 16, 2007. The information in this Form 8-K, and the exhibit hereto, is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. N-VIRO INTERNATIONAL CORPORATION Dated: October 16, 2007 By: /s/ James K. McHugh ----------------- ---------------------- James K. McHugh Chief Financial Officer EX-99.1 2 form8-k10162007exhibit991.txt FORM 8-K 10-16-07 EXHIBIT 99.1 Exhibit 99.1 ------------ NEWS RELEASE FOR IMMEDIATE RELEASE For More Information Contact: Timothy Kasmoch, CEO info@nviro.com (419) 535-6374 -------------- N-VIRO INTERNATIONAL CORPORATION ANNOUNCES DISMISSAL OF LAWSUIT AGAINST IT Toledo Ohio, Tuesday, October 16, 2007 - N-Viro International Corp. (OTC BB/NVIC.OB) ("N-Viro") announced today that it had achieved the dismissal of a lawsuit in favor of N-Viro and certain past and/or current officers and directors. The action was originally brought in July 2006 by the former CEO, President and Chairman of the Board of N-Viro, J. Patrick Nicholson. In its order granting the dismissal, the Honorable James G. Carr, Chief Judge for the Federal District Court for the Northern District of Ohio, determined that the claims of the plaintiffs were not timely brought and that the plaintiffs' failed to serve properly certain defendants. In addition, the court concluded that the plaintiffs failed to identify any specific statements by N-Viro that were false and misleading and failed to prove that the required inference of scienter. With the dismissal, N-Viro has prevailed in all actions brought by Mr. Nicholson against N-Viro and its officers and directors. Earlier this year, N-Viro was successful in an arbitration action brought by Mr. Nicholson regarding its termination of a consulting agreement in 2005. In that case, the arbitrator ruled that N-Viro was legally justified in its termination for cause of Mr. Nicholson's consulting agreement. Now his federal action has similarly ended in favor of the Company. Timothy R. Kasmoch, CEO and President, had these comments: "Mr. Nicholson, through his onslaught of litigation, has wasted company resources. But, we were never distracted from our vision for the future. We will continue to develop our patented N-Viro Fuels technology and believe that N-Viro shareholders will be rewarded. N-Viro is a great company. With positive and honest leadership, I believe great things are possible for N-Viro." About NVIC - ----------- N-Viro International Corporation develops and licenses its technology to municipalities and private companies. N-Viro's patented processes use lime and/or mineral-rich, combustion byproducts to treat, pasteurize, immobilize and convert wastewater sludge and other bio-organic wastes into biomineral agricultural and soil-enrichment products with real market value. More information about N-Viro International can be obtained by contacting the office or on the Internet at www.nviro.com or by e-mail inquiry to info@nviro.com ------------- -------------- Special Cautionary Note Regarding Forward-Looking Statements - ----------------------------------------------------------------- The Company cautions that words used in this document such as "expects," "anticipates," "believes" and "may," as well as similar words and expressions used herein, identify and refer to statements describing events that may or may not occur in the future. These forward-looking statements and the matters to which they refer are subject to considerable uncertainty that may cause actual results to be materially different from those described herein. For example, while the Company believes that trends in sludge treatment are moving in favor of the Company's technology, such trends may not continue or may never result in increased sales or profits to the Company because of the availability of competing processes. Additional information about these and other factors that may adversely affect these forward-looking statements are contained in the Company's reports, including its Annual Report on Form 10-KSB, its Quarterly Report on Form 10-QSB for the quarter ended June 30, 2007, and other filings with the Securities and Exchange Commission. The Company assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information except to the extent required by applicable securities laws. -----END PRIVACY-ENHANCED MESSAGE-----