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    • Jun 16, 2023

Civil Matter filed with District of New Jersey Against PCP

Updated: Sep 1, 2023

VERIFY SMART CORP., : Plaintiff, v.

PERSEVERANCE CAPITAL PARTNER : LLC,

RICHARD J. HALDEN,

DONALD : (NICK) E. WILLIAMS,

JAY L. GENTRY,

JOHN R. TORRES,

JAMES ROSE,

AND RANDY MOSELEY: Defendants.

CIVIL ACTION NO. 23-cv-3343 COMPLAINT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


Plaintiff Verify Smart Corp. (“VSMR”), by and through its attorneys Zimmerman Law Group, complains against Perseverance Capital Partner LLC (“PCP”),

Richard J. Halden (“Halden”), Donald (Nick) E. Williams (“Williams”), Jay L. Gentry (“Gentry”), John R. Torres (“Torres”), James Rose (“Rose”), and Randy Moseley (“Moseley”), as follows:

THE PARTIES 1. VSMR is a Nevada corporation having its principal place of business in this district in Mahwah, NJ. 2. PCP is a Texas limited liability company having its principal place of business in Fort Worth, TX.

Case 2:23-cv-03343-CCC-LDW Document 1 Filed 06/17/23 Page 2 of 23 PageID: 2 3. Mr. Halden is a managing member of PCP, was formerly a director of VSMR, and was until December 2022 primarily responsible for PCP’s relationship with VSMR, and is a resident of TX. 4. Mr. Williams is currently the CEO of PCP, has taken over primary responsibility for PCP’s relationship with VSMR, and is a resident of FL. 5. Mr. Gentry is currently a managing member of PCP and formerly its CEO and a resident of TX. 6. Mr. Torres is currently a managing member of PCP and chief relations officer (“CRO”), and a resident of CT. 7. Mr. Rose is an officer and investor in PCP, and a resident of TX. 8. Mr. Moseley is an officer of PCP and was formerly VSMR’s Chief Financial Officer (“CFO”), and a resident of TX. 9. PCP, Mr. Halden, Mr. Williams, Mr. Gentry, Mr. Torres, Mr. Rose and Mr. Moseley will hereinafter sometimes be collectively referred to as “Defendants”.

JURISDICTION

  1. Count 1 of this action is against PCP for breach of contract.

  2. Count 2 of this action is against Mr. Halden, Mr. Gentry, Mr. Torres and Mr. Mosely for breaching the respective non-disclosure agreements (“NDA”) they each signed with VSMR.

  3. Count 3 of this action is against PCP, Mr. Halden, Mr. Williams, Mr. Gentry, Mr. Torres, Mr. Rose and Mr. Mosely for tortious interference with VSMR’s business.

  4. Count 4 of this action is against PCP, Mr. Halden and Mr. Moseley for defrauding VSMR.

  5. Count 5 of this Complaint is against Mr. Mosely and Mr. Halden for embezzling shares from VSMR.

  6. Count 6 of this Complaint is against Mr. Williams for defaming VSMR.

  7. The Court has subject matter jurisdiction as and between the Plaintiff and the Defendants under 28 U.S.C. § 1332(a) because the amount in controversy exceeds $75,000, exclusive of interest and costs, and the Plaintiff is a citizen of a different state than each of the Defendants. Accordingly, subject matter jurisdiction over Counts 1, 2, 3, 4, 5 and 6 as and between the Plaintiff and the Defendants, respectively, is conferred upon this Court by 28 U.S.C. §§ 1332(a).



 




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