Litigation Update - Safety Shot Authorized to Serve Notice of Action Against Capybara Research and Igor Appelboom by Public Disclosure and Press Release Pursuant to Court Order
16 Janvier 2024 - 10:10PM
On December 5, 2023, Safety Shot, Inc. (Nasdaq: SHOT) (“SHOT” or
the “Company”) announced that it filed a federal lawsuit in the
United States District Court for the Southern District of New York,
Safety Shot, Inc. v. Capybara Research et. al., Case No.
1:23-cv-10728-JSR (the “Action”), against Capybara Research
(“Capybara”), A firm that Safety Shot alleges was created for
solely to lend “credibility” to its malicious and defamatory
articles purposefully designed to negatively impact the share
prices of publicly traded companies in which it holds short
positions, and its previously anonymous owner and operator
responsible for publishing the malicious and defamatory article
authored and published on November 22, 2023 which attacked the
Company and its directors leading to a 37.03% decline in the
Company’s share price over the course of that day.
After commencing the Action, the Company’s
counsel at The Basile Law Firm, P.C. discovered the true identity
of the individual responsible for the article published on
Capybara’s website and X (f/k/a Twitter) account to be an
individual living in Brazil named Igor Appelboom (“Appelboom”).
Appelboom previously operated an X account under his own name to
which he posted content relating to the short selling of various
securities.
Capybara and Appelboom take short positions in
publicly trading companies and release fraudulent, disparaging
reports in order to drive the company’s stock price down for their
own financial benefit. Due to the short position Capybara disclosed
in the article, Capybara and the previously anonymous owner and
operator, Appelboom, significantly benefited from the decline in
the Company’s share price at the expense of the Company’s
shareholders. The Company believes this is criminal behavior and
will continue to do what it can to protect the interests of its
shareholders.
On December 22, 2023, the Company filed a motion
to alternatively serve the Company’s summons and complaint upon
Capybara and Appelboom by email. On December 26 2023, Senior Judge
of the United States District Court for the Southern District of
New York, The Honorable Jed S. Rakoff, entered an Order granting
the Company’s motion. The Company’s counsel attempted to serve
Capybara and Appelboom by email, however, in response to the motion
and Order, Capybara and Appelboom have undertaken steps to
intentionally evade service by deleting their respective email
addresses.
Because of the evasive behavior exhibited by
Capybara and Appelboom. That Safety Shot believes was an effort to
avoid liability for their actions and preserve whatever anonymity
they believe they have left, on January 8, 2024, the Company was
required to serve a second motion for alternative service in which
the Company sought permission to serve Capybara and Appelboom
through their respective X accounts, through Capybara’s website’s
contact page, by newspaper publication and through a public
disclosure and press release. In response to the Company’s second
motion, and consistent with its efforts to evade service, Capybara
removed the contact page from its website and Appelboom deleted his
X account. Both of these actions were taken in an effort to further
evade service.
On January 10, 2024, in a historic,
first-of-its-kind order, The Honorable Jed S. Rakoff granted the
Company’s second motion permitting the Company to serve notice of
the Action upon through this press release and associated Form 8-K
filed on the Securities and Exchange Commission’s EDGAR
database.
Pursuant to the Order of The Honorable Jed S.
Rakoff in the United States District Court for the Southern
District of New York, entered on January 10, 2024 (ECF 24), in the
matter of Safety Shot, Inc. v. Capybara Research et. al., Case No.
1:23-cv-10728-JSR, this press release, the Form 8-K filed on
January 11, 2024 and the exhibits to the Form 8-K containing the
Company’s summons, complaint and the Court’s Order, hereby provides
the Constitutional requirement of actual notice of the Action to
Defendants Capybara Research and Igor Appelboom pursuant to Rule
4(f)(3) of the Federal Rules of Civil Procedure.
About Safety Shot
Safety Shot, a wellness and functional beverage
company, is set to launch Safety Shot, the first patented beverage
on Earth that helps people feel better faster by reducing blood
alcohol content and boosting clarity. Safety Shot will be available
for retail purchase in the first week of December 2023 at
www.DrinkSafetyShot.com and www.Amazon.com. The Company plans to
launch business-to-business sales of Safety Shot to distributors,
retailers, restaurants, and bars in the first quarter of 2024.
Safety Shot plans to spin off legacy assets from its Jupiter
Wellness business to unlock value for shareholders.
Media Contact:Phone:
904-477-2306Email: Emily@PanatelidesPR.com
Investor Contact: Phone:
561-244-7100Email: investors@safetyshotholdings.com
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