xfone8k.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date of
Report (Date of earliest event reported): October 28, 2009 (October 26,
2009)
XFONE,
INC.
(Exact
name of registrant as specified in its charter)
Nevada
(State or
other jurisdiction of incorporation or organization)
Commission
File No. 001-32521
11-3618510
(I.R.S.
Employer Identification Number)
5307
W. Loop 289
Lubbock,
Texas 79414
(Address
of principal executive offices) (Zip Code)
806-771-5212
(Registrant’s
telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
o Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
8.01 Other
Events
On
October 26, 2009, there was a development in the legal proceeding involving
Xfone 018 Ltd. ("Xfone 018"), a 69% owned Israel based subsidiary of Xfone, Inc.
(the “Company”) and Omer Fleisig.
Background
As
previously disclosed, on December 16, 2008, Omer Fleisig filed a request to
approve a claim as a class action (the “Class Action Request”) against Xfone
018, and Israel 10 - Shidury Haruts Hahadash Ltd., an entity unrelated to the
Company (“Israel 10”), in the District Court in Petach Tikva, Israel (the
“Israeli Court”). Fleisig attempted to participate in a television call-in
game show, which was produced by Israel 10, using Xfone 018’s international
telecom services. The claim alleged that although Fleisig's two attempts to
participate in the show were unsuccessful because he received a busy signal when
trying to call in, he was billed by Xfone 018 for both attempts. Fleisig sought
damages for the billed attempts. He was billed 10 NIS (approximately $2.70) for
the calls. The Class Action Request stated total damages of NIS 24,750,000
(approximately $ 6,689,189)
which reflects Fleisig's estimation of damages caused to all participants in the
game show which (pursuant to the Class Action Request) allegedly received a
busy signal while trying to call in to the game during a certain period
defined in the Class Action Request.
Recent
Development
On October 28, 2009, Xfone 018 was
informed that on October 26, 2009, the Israeli Court approved Mr. Fleisig’s
request to withdraw both his personal claim against Xfone 018 and the Class
Action Request. Mr. Fleisig’s personal claim was dismissed with
prejudice, and the Class Action Request was dismissed without prejudice. The
Israeli Court did not award any fees or expenses to either
party.
Item
9.01 Financial
Statements and Exhibits
(a) Not
applicable.
(b) Not
applicable.
(c) Not
applicable.
(d) None.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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Xfone,
Inc.
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Date: October
28, 2009
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By:
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/s/
Guy Nissenson
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Guy
Nissenson
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President,
Chief Executive Officer and Director
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