Mr. Altenberg previously testified under oath that he was a “significant owner” of Vax Immune. Several Vax Immune documents have also named Mr. Altenberg as CEO, CCO, and CFO. Vax Immune later disputed these claims. As a result, Vargo seeks a declaration from the Court establishing Altenberg’s membership in Vax Immune.
Mr. Vargo has sued Vax-Immune, alleging Altenberg might own a membership interest in Vax-Immune, and has asked the court to declare the ownership composition of Vax-Immune. In addition, Mr. Vargo has brought a quantum meruit claim against Vax-Immune, seeking monetary compensation.
As Vax-Immune’s founder and President, Leonard Weisman has repeatedly testified under oath that Altenberg allegedly did not presently own, nor has ever owned, a membership interest in Vax-Immune. Likewise, Altenberg has repeatedly stated under oath that he has never held an interest in Vax-Immune. Altenberg also stated he is not owed any compensation from Vax-Immune, nor does he intend to seek any such compensation from Vax-Immune.