Hergott Productions, Inc./Muffin Club Entertainment Inc. Files Motion For Preliminary Injunction Against Multiple Parties Involved With "Never Submit" Movie
CORONA DEL MAR, Calif., May 18, 2007 — Hergott Productions,
Inc./Muffin Club Entertainment Inc. President James Hergott announced today a preliminary injunction has been filed in federal court against Imperia Entertainment, Inc. (Pink Sheets: IPEI), Muller Media, Inc. (Pink Sheets: MUMI), Ken Eade and Never Submit LLC in regards to the mixed martial arts movie "Never Submit" (US Copyright PAU3106473).
The injunction alleges that in addition to copyright infringement Imperia Entertainment, Inc. and Chairman Kenneth Eade continue to mislead the public by putting out company press releases with Mr. Hergott’s name on them, to list Mr. Hergott as president on the official company website and to list Mr. Hergott as president and an officer of both Imperia Entertainment, Inc and Imperia Distribution, Inc on the company records in the state of Nevada. All of this despite Mr. Hergott’s official resignation from all company positions on March 13, 2007 after Imperia was 24 weeks delinquent in compensation to Mr. Hergott (Which remains outstanding). Mr. Hergott began work as an independent contractor in the position as president of Imperia Entertainment, Inc. (formerly Soleil Film, Inc.) on July 1, 2005. In an email sent March 14, 2007 Mr. Eade admits to Mr. Hergott that he owes him the back pay stating, "We will, of course, make prompt payment of your back salary." The funds however never materialized.
A Muller Media, Inc. PR put out by Mr. Eade on May 8, 2007 and May 9, 2007 lists Mr. Hergott as director of "Never Submit" and an April 27, 2007 Muller Media, Inc. PR announcing a reverse split lists Mr. Hergott as the contact person for the company in multiple places throughout the PR. Mr. Hergott has never been an executive with Muller Media, Inc. and has long resigned from his positions at Imperia. The above PRs mislead the public about Mr. Hergott’s involvement with both companies.
Additionally paragraphs 19 through 23 of Mr. Hergott’s court declaration allege the following:
19. I am especially concerned that EADE will continue this pattern of deception. Among other concerns, he continues to:
a. Wrongfully use my script and illegally use my name to produce a movie;
b. Place me in a false light, affecting my professional relationships in the mixed martial arts and movie industries;
c. Subject me to liability for false statements and criminal activities by EADE and his businesses.
20. I have these concerns because after EADE failed to pay the $24,000 and terminated the director’s contract, I learned more disturbing facts about EADE and his business practices.
21. I learned that EADE has been using "Never Submit" to prop up his corporations by making false "insider" statements about the movie project, including scores of postings on Internet bulletin boards. For example, he has used the false identity "investyrstallone" on InvestorsHub.com, to leak information to the public and shareholders about the movie. (See message board posting and press release attached as Exhibits Q and R.)
22. I learned that in the months preceding my termination, IMPERIA issued no fewer than 36 press releases about "Never Submit" and that during the same time period EADE used the false identity "investyrstallone" to promote IMPERIA stock in at least 100 message postings on Investors.Hub.com. (See press release and message listings attached as Exhibits S and T.)
23. I am informed and believe that EADE has stolen my script and is desperately promoting his stock because he owes investors, employees and others an estimated $100,000 and he does not have the money to pay them. I am informed and believe that EADE is running his corporations as alter-egos for his illegal activities. And I am concerned because I learned the State Bar of California has suspended him from law practice 13 times. (See State Bar information attached as Exhibit U.)
Case No.: SACV07-553 DOC(MLGx)
