The petition states “Nukote brings the action to redress the Defendants’ coordinated plan to interfere with, dismantle and cripple its business”. Nukote is demanding a jury trial and concludes “Accordingly, Plaintiff is entitles to actual damages, reasonable attorney’s fees, and costs of court under Section 15.21 of the Texas Antitrust Act. Further, because the Defendants’ acts were willful and flagrant, Plaintiff is entitled to treble damages.
In a statement, Clover said “Although Clover has not yet been served, a copy of the suit was anonymously e-mailed to us. After careful review by our legal counsel, it is abundantly clear that once again, Nukote is abusing the court system in a transparent and desperate effort to raise capital for a business that is on the verge of collapse. The complaint is as empty as the shell corporation Nukote incorporated just this past week to initiate the suit”.
“Nukote’s demise has been obvious to an industry of hundreds of competitors many of whom, like Clover, have been receiving daily letters, e-mails, and phone calls from Nukote customers looking to secure a new supplier and Nukote employees desperately seeking job opportunities. Clover is very proud of the trust we have earned with our customers and, consistent with that trust, we are prepared to root out the source of any attack on our company and aggressively defend the integrity of our brand”.
Nukote spokesman, Russell Mack, told Recycler “Nukote’s formal plan to emerge from Chapter 11 was approved by the court on December 15, so our company is no longer in Chapter 11. We are operating normally, producing products and serving our customers, who loyally stood by us during our reorganization last year. We are headquartered in Dallas, TX and our production centre is in Monterrey Mexico. We also have facilities in Nashville, TN, Rochester, NY and Bardstown, KY. Having emerged successfully from reorganization, Nukote is alive and well and our sales are robust.”
Mack concluded “One final point I would make is that we understand this lawsuit will be a long process. We are ready for it, however long it takes to get justice. We look forward to presenting the facts to a judge and jury.”