Gregory J. Sawko won a $980,693.13 verdict in the matter of Steven Magers and Truxx Outfitters, LLC (Plaintiffs) vs. Uberwurx, LLC (Defendant) in Cause No. 2019-60879 in the 11th District Court of Harris County, Texas
Gregory J. Sawko, representing the Plaintiffs, was hired to enforce the terms of an Asset Purchase Agreement and filed suit against Uberwurx, LLC in Harris County, Texas. Following service of the lawsuit on the Defendant, the parties agreed to remove the case to Arbitration pursuant to a arbitration clause in the Asset Purchase Agreement.
In the asset purchase, Uberwurx, LLC agreed to purchase all the assets of Truxx Outfitter, LLC. Truxx Outfitters operated two retail truck accessory stores located in Denton and Lewisville, Texas. The assets were being purchased for $2 million dollars. Uberwurx, LLC paid part of the purchase price but defaulted in making two payments of $400,000.00 each. In the lawsuit, Uberwurx, LLC counter-claimed asserting fraud as a defense and claimed $2 million dollars in damages.
Following a three (3) day arbitration, the arbitrator, Hon. Mary Murphy, awarded Plaintiffs $980,693.16 in actual damages against Uberwurx, LLC. While Defendant Uberwurx, LLC’s asserted claims against Plaintiffs those claims were all dismissed by the arbitrator. The Arbitrator’s award was confirmed on June 21, 2021 by the Harris County District Court. Since confirmation, Uberwurx, LLC has failed and refused to pay any amount of the Judgment. On January 13, 2022, a Harris County District Court granted a Motion to appoint a turnover receiver to enforce the judgment.
As part of the collection effort, Plaintiff filed garnishment actions against Allegiance Bank and Bank of America to freeze Uberwurx assets. However, during the pendency of the garnishments, Uberwurx filed for Bankruptcy.
The matter is currently in bankruptcy.
On another note, Uberwurx primary unit holder, Juan Carlos Martinez, was indicted by a Federal Grand Jury and plead guilty.
Award: $980,693.16 plus post-judgment interest.