0001555734-12-000003.txt : 20120809 0001555734-12-000003.hdr.sgml : 20120809 20120808175023 ACCESSION NUMBER: 0001555734-12-000003 CONFORMED SUBMISSION TYPE: SC 13D PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20120809 DATE AS OF CHANGE: 20120808 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Vuksich John Masich CENTRAL INDEX KEY: 0001555734 FILING VALUES: FORM TYPE: SC 13D MAIL ADDRESS: STREET 1: 100 MARGERUM BLVD CITY: PALACIOS STATE: TX ZIP: 77465 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: IMAGING3 INC CENTRAL INDEX KEY: 0001205181 STANDARD INDUSTRIAL CLASSIFICATION: X-RAY APPARATUS & TUBES & RELATED IRRADIATION APPARATUS [3844] IRS NUMBER: 954451059 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D SEC ACT: 1934 Act SEC FILE NUMBER: 005-86830 FILM NUMBER: 121017914 BUSINESS ADDRESS: STREET 1: 3200 W. VALHALLA DRIVE CITY: BURBANK STATE: CA ZIP: 91505 BUSINESS PHONE: 8182600930 MAIL ADDRESS: STREET 1: 3200 W. VALHALLA DRIVE CITY: BURBANK STATE: CA ZIP: 91505 SC 13D 1 vuksich13d.txt OMB APPROVAL MB Number:3235-0145 Expires:February 28, 2009 Estimated average burden hours per response 14.5 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. _____)* IMAGING3, INC. (Name of Issuer) COMMON STOCK, $0.0001 PAR VALUE PER SHARE (Title of Class of Securities) 45248 F 10 3 (CUSIP Number) Paul Michael Vuksich, Esq. 582 Market Street, Suite 2001 San Francisco, California 94104 (415) 788-7045 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) August 8, 2012 (Date of Event Which Requires Filing of This Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. [ ] Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See ?240.13d-7 for other parties to whom copies are to be sent. The remainder of this cover page shall be filled out for a reporting persons initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be filed for the purpose of Section 18 of the Securities Exchange Act of 1934 (Act)or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. CUSIP No. 45248 F 10 3 1. Names of Reporting Persons. I.R.S. Identification Nos. of Above Persons entities only) Vuksich, John M. 2. Check the Appropriate Box if a Member of a Group (a) [ ] (b) [ ] 3. SEC Use Only 4. Source of Funds N/A 5. Check if Disclosure of Legal Proceedings is Required Pursuant to Items 2(d)or 2(e) [ ] 6. Citizenship or Place of Organization U.S. Number of Shares Beneficially Owned by Each Reporting Person With 7. Sole Voting Power -0- 8. Shared Voting Power 30,005,229 9. Sole Dispositive Power -0- 10. Shared Dispositive Power -0- 11. Aggregate Amount Beneficially Owned by Each Reporting Person 30,005,229 12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares [ ] 13. Percent of Class Represented by Amount of Row (11) 6.00% 14. Type of Reporting Person IN Item 1. Security and Issuer The class of equity securities to which this Schedule 13D relates is the common stock, $0.0001 par value, of Imaging3, Inc., a California corporation (Company. The address of the principal executive office of the Company is 3200 West Valhalla Drive, Burbank, California 91505. Item 2. Identity and Background. John M. Vuksich a shareholder of the Company. His address is c/o Paul Michael Vuksich, 582 Market Street, Suite 2001, San Francisco, CA 94104. During the last five years, Mr. Vuksich has not been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors. During the last five years, Mr. Vuksich has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding violation with respect to such laws. Mr. Vuksich is a citizen of the United States of America. Item 3.Source and Amount of Funds or Other Consideration. None Item 4. Purpose of Transaction. Vuksich v. Imaging3, Inc., Dean Janes et al. A shareholder derivative action titled Vuksich v. Imaging3, Inc. and Dean Janes et al. was filed in the Superior Court of California, County of Los Angeles Glendale Branch) as case number EC058516 on May 16, 2012. Among other things,the suit seeks rulings that the authorized shares of the Company remain at 500 million, that the Cranshire and Gemini warrants were not duly authorized by the board and are void and that CEO Dean Janes be removed from the board for cause. Mr. Vuksich is seeking to obtain the support of 10% of the outstanding shares of the company via proxies to move forward in court to have CEO Dean Janes removed from the board for cause. The Complaint and other current files concerning the lawsuit and subsequent updates may be viewed at: http://groups.yahoo.com/group/imaging3 Item 5. Interest in Securities of Imaging3, Inc. (a) Mr. Vuksich holds proxies for 30,005,229 common shares, representing 6.00% of the class. Mr. Vuksich contends in his lawsuit that the increase in authorized shares of the Company from 500 million to 750 million was not duly authorized. The aforementioned percentage is therefore based on 500 million shares authorized. (b) Mr. Vuksich proxies are specific to the issue of the removal of CEO Dean Janes from the board for cause pursuant to his lawsuit. (c) Please see Items 3 and 4 above. (d) Not applicable. (e) Not applicable. Item 6. Contracts, Arrangements, Understandings or Relationships With Respect to Securities of Imaging3, Inc. See Item 5 (a) and (b) above. Item 7. Exhibits EX-99 Proxy to Remove CEO Dean Janes from Company Board After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. Dated: August 8, 2012 By: /s/ John M. Vuksich John M. Vuksich EX-99 2 ex99proxy.txt Paul Michael Vuksich, Esq. - Bar. No. 97144 LAW OFFICE OF PAUL MICHAEL VUKSICH 582 Market Street, Suite 2001 San Francisco, California 94104 Telephone: (415) 788-7045 Facsimile: (650) 878-2396 Email: pvukmail-law@yahoo.com Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES John M. Vuksich, Plaintiff, vs. Imaging3, Inc., Dean Janes, Xavier Aguilera, Christopher Sohn, and Raul Carrega, Defendants. Case No. EC058516 VERIFIED PROXY OF: (Print Full Name[s]) OWNER(S) OF (Shares)Imaging3, Inc. Common Stock) The undersigned declares: 1. My name and voting address are as stated by my signature appearing at the end of this verified Proxy. 2. The undersigned is the owner of _________________ shares of Imaging3, Inc. common stock and entitled to vote those shares. The undersigned attaches hereto true and correct copies of original documents in my possession confirming my ownership of said Imaging3, Inc. common stock. 3. The undersigned has owned common stock in Imaging3, Inc. since approximately ___________________. 4. Scope of Proxy. This Proxy is given pursuant to California Corporations Code Section 705. The undersigned grants this Proxy to support removal of Defendant Dean Janes from the Board of Imaging3, Inc. pursuant to the Sixth Cause of Action in this action. Specifically, the undersigned grants this Proxy to obtain Imaging3, Inc. shareholder records pursuant to California Corporations Code Section 1600 and to remove Defendant Dean Janes? as a director of Imaging3, Inc. for cause pursuant to California Corporations Code Section 304. Moreover, the undersigned grants this Proxy to remove Defendant Dean Janes? as a director of Imaging3, Inc. without cause pursuant to California Corporation?s Code Section 303. 5. The undersigned Stockholder of Imaging3, Inc., a California corporation, hereby appoints John M. Vuksich, plaintiff herein, as the sole and exclusive attorneys and proxies of the undersigned to vote and exercise all voting and related rights (to the full extent that the undersigned is entitled to do so) with respect to all of the shares of capital stock of Imaging3, Inc. that now are or hereafter may be beneficially owned by the undersigned, and any and all other shares or securities of Imaging3, Inc. issued or issuable in respect thereof on or after the date hereof (collectively, the "Imaging3, Inc. Shares") in accordance with the terms of this Proxy. 6. Upon the undersigned's execution of this Proxy, any and all prior proxies given by the undersigned with respect to any Imaging3, Inc. Shares and in conflict with this Proxy are hereby revoked. 7. As used herein, the term "Expiration Date" shall mean the later to occur of (i) 11 months from the date hereof or (ii) termination of this action. 8. The attorneys and proxies named above, and each of them, are hereby authorized and empowered by the undersigned, at any time prior to the Expiration Date, to act as the undersigned's attorney and Proxy to vote the Imaging3, Inc. Shares, and to exercise all voting, consent and similar rights of the undersigned with respect to the Imaging3, Inc. Shares including, without limitation, the power to execute and deliver written consents. 9. The attorneys and proxies named above may not exercise this Proxy on any other matter except as provided above. The undersigned Stockholder may vote the Imaging3, Inc. Shares on all other matters. 10. Any obligation of the undersigned hereunder shall be binding upon the successors and assigns of the undersigned. This Proxy is revocable by written notice to the plaintiffs attorney and to Imaging3, Inc. 11. This Proxy shall terminate, and be of no further force and effect, automatically upon the Expiration Date. 12. This Proxy may be filed by the plaintiff with the court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and if called as a witness I could and would competently testify thereto. OWNER: Dated: __________________ By: Name: ______________________________________ Address: ______________________________________ ______________________________________ OTHER OWNER: Dated: _________________ By: Name: ______________________________________ Address: ______________________________________ ______________________________________