nmxs_8k.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): February 18,
2009
NEW MEXICO SOFTWARE,
INC.
(Exact
name of registrant as specified in its charter)
|
NEVADA
|
333-112781
|
91-1287406
|
|
(State
or jurisdiction of incorporation)
|
(Commission
File Number)
|
(I.R.S.
Employer Identification
No.)
|
Albuquerque, New Mexico
87110
(Address
of principal executive offices)
505-255-1999
(Registrant's
telephone number, including area code)
not
applicable
(Former
Name or Former Address, If Changed Since Last Report)
Section
7 - Regulation FD
Section
8 - Other Events
Item
8.01 Other Events.
On
February 18, 2009, Premier Medical Enterprise Solution, Inc. filed a complaint
in the Federal District Court in Albuquerque against us and our chief executive
officer. Premier has been a customer of our XR-EXpress
application. The complaint alleges among other things breaches of (i)
fiduciary duty, (ii) covenant of good faith and fair dealing and (iii) contract,
along with claims of conversion and tortuous interference. The suit
seeks compensatory, punitive and exemplary damages in excess of $75,000,
together with injunctive relief against unfair competition, an accounting (for
three items) and attorney’s fees. The case is Premier Medical Enterprise
Solution, Inc. v. New Mexico Software, Inc. and Richard Govatski, Case
No. Civ – 09 – 165.
There are
no new events in the working relationship of Premier with New Mexico Software to
give rise to this lawsuit, other than New Mexico Software, Inc.’s demand for
timely payment of invoices and notice of termination of the Agreement with
Premier for nonpayment. This suit is Premier’s response to our
cancellation of Premier’s agreement for services for nonpayment which was served
on February 2, 2009. We believe the suit is frivolous and filed
solely to delay payment of amounts owed by Premier. New Mexico
Software, Inc. on March 9, 2009, filed its Answer and Counterclaims for Breach
of Contract, demanding payment in full for past due and ongoing charges,
attorney’s fees and costs, all of which are provided for in the Agreement with
Premier, and for Declaratory Judgment that the Agreement with Premier has been
properly terminated by New Mexico Software, Inc. for breach of contract and
nonpayment.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on behalf of the undersigned hereunto duly
authorized.
NEW MEXICO SOFTWARE,
Inc.
Date:
March 9, 2009
By: /s/ Richard F.
Govatski
Richard
F. Govatski
Chairman
of the Board of
Directors,
Chief Executive
Officer
and President