0001555734-12-000004.txt : 20120912
0001555734-12-000004.hdr.sgml : 20120912
20120912164724
ACCESSION NUMBER: 0001555734-12-000004
CONFORMED SUBMISSION TYPE: SC 13D
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20120912
DATE AS OF CHANGE: 20120912
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: 121088269
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
vuksich13d2.txt
SCHEDULE 13D
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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)
September 12, 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
54,917,739
9. Sole Dispositive Power
-0-
10. Shared Dispositive Power
-0-
11. Aggregate Amount Beneficially Owned by Each Reporting Person
54,917,739
12. Check if the Aggregate Amount in Row (11) Excludes Certain Shares [ ]
13. Percent of Class Represented by Amount of Row (11)
10.98%
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 has obtained 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 54,917,739 common shares,
representing 10.98% 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: September 12, 2012
By: /s/ John M. Vuksich
John M. Vuksich
EX-99
2
ex99proxy.txt
PROXY TO REMOVE CEO DEAN JANES FROM COMPANY BOARD
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: ______________________________________
______________________________________