PHILADELPHIA — An Emmy award-winning 3D animation artist from Florida is suing business partner Jody Bortner and 3FX Inc., citing alleged breach of fiduciary duty.
Cory A. Resh filed a complaint on May 18 in the U.S. District Court for the Eastern District of Pennsylvania against Bortner and 3FX, alleging that Bortner failed to comply with their partnership agreement.
According to the complaint, the plaintiff alleges that, in March 2015, his remote access to the company servers was removed and has not received bi-weekly financial reports since October 2015. As a result of the defendant's actions, he claims, he has suffered and will continue to suffer damages. The plaintiff holds Bortner and 3FX responsible because the defendant allegedly maintained control of their company to his exclusion since 2013, froze him out of the corporation by oppressing his right as shareholder, and increased her own annual salary from $100,000 to $150,000 while decreasing his annual salary from $100,000 to $25,000.
The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount in excess of $75,000, plus interest and costs of suit and an order of voluntary dissolution and appointment of a liquidating receiver for 3FX Inc. He is represented by Stanley B. Cheiken of Law Offices of Stanley B. Cheiken in Jenkintown.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-02437