Matthew Adkisson is worried that an asset sale would leave people like him holding the bag.
A man who sued domain name registrar Epik because the company owes him $327,000 has amended his lawsuit.
Matthew Adkisson agreed to buy nourish.com for $327,000 in a deal that was to be handled by Epik. He never received the domain and didn’t get his money back, either, despite multiple pleas.
He sued Epik at the end of March.
Today, Adkisson filed an amended lawsuit (pdf). The three main differences between the original and amended cases appear to be:
Stating concern about an asset sale. The amended complaint adds a section titled “Defendants Attempt to Sell Epik and Its Assets”. It explains that Epik CEO Brian Royce recently tweeted about negotiating asset sales and that former CEO Rob Monster confirmed to Adkisson on May 12 “that he understood ‘that an asset sale is being finalized’”. The complaint states, “If an asset sale is completed, Epik intends to pay its creditors before repaying the consumers whose funds Defendants misappropriated.”
Adds examples of more people who say they were ripped off.
Adds an additional RICO claim.
Royce has asked the court to be dismissed from the lawsuit because the nourish.com transaction predated him being named CEO. The amended complaint makes it clear the plaintiffs believe he is at least partially to blame.
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