Pinewood Asia Pacific takes next legal step against Pendragon subsidiary
LONDON, Feb. 1, 2024 /PRNewswire/ -- Pinewood Asia Pacific (PWAP), an Asian-based technology supplier, has taken legal action in the US, in relation to their ongoing dispute with Pinewood Technologies PLC (PWUK) being heard in the UK.
PWAP alleges contract breaches by Pendragon subsidiary PWUK in their reseller agreement, resulting in PWAP being unable to fulfil contracts it had devoted time and resources into building.
Filings lodged in both Oregon and Florida in the United States set out in detail the allegations and the applications being made. The filings state that the "Petitioner [PWAP] aims to obtain limited, but critical, discovery for use in connection with a fraud claim which Petitioner intends to file in an ongoing legal proceeding against Pinewood Technologies PLC ("PWUK") in the High Court of Justice…"
During the process of sale of Pendragon PLC to Lithia UK Holding Limited (Lithia), a wholly owned subsidiary of Lithia Motors, Inc., and the subsequent agreement for Lithia to invest in Pinewood Technologies PLC, due diligence would have been conducted, including considering the possible liabilities based on detail. It is believed therefore that communications are "likely to contain indicia of whether it intended to force a termination of PWUK's contracts with PWAP." as well as other important information.
A 1782 application filed and granted in Oregon, will subpoena Matt Whitmer, Lithia's Director of Mergers and Acquisitions, and Bryan DeBoer, Lithia's President and CEO, and, a further 1782 application has been filed in Florida for Pendragon CEO, Bill Berman. The orders will compel them to provide relevant documents and provide testimonial evidence.
Documents requested, that it is believed would have formed part of the due diligence, include.
- All Documents relating to the sales, distribution, and/or actual or planned expansion of PWUK's Dealer Management System ("DMS") in the Asia Pacific region.
- All Documents relating to PWAP, including any documents or communications relating to reseller agreements, David Neilsen, and/or Josephine Lee.
- All Documents and communications relating to actual or potential liability and/or litigation between PWUK and any of its resellers of the DMS.
Pinewood Asia Pacific Director Josephine Lee said, "We believe crucial evidence and information will be obtained during this process that will assist in proving our case and the actions of Pinewood Technologies UK (and the extent to which Pendragon was aware of, or complicit in, those actions).
SOURCE Pinewood Technologies Asia Pacific Limited
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