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Full title: Objection to Claim Number 37 by Claimant Timothy Bolaji Filed by Debtor Wave Computing, Inc.. (Attachments: # 1 Declaration of Julie Rome-Banks In Support Thereof # 2 Declaration of Patricia Leeper In Support Thereof) (Rome-Banks, Julie) (Entered: 08/18/2021)

Document posted on Aug 17, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

TIMOTHY BOLAJI: Debtor Wave Computing, Inc. (“Wave”) objects to Clai13 #59 filed by TIMOTHY BOLAJI (“Mr. Bolaji” or “Bolaji”), which proof of claim was filed 14 with the Court on August 3, 2020 in the case of Wave Computing, Inc., in the amount of 15 $44,887.50 as a general unsecured, non-priority claim (the “Claim”)2. As a result, Mr. Bolaji was informed by telephone call on or about June 26, 2018 by the 13 Director of Human Resources of the Debtors, Ms. Leeper, that Mr. Bolaji was being 14 terminated for cause by MIPS.A letter confirming Mr. Bolaji’s termination for cause was 15 mailed to him the following day addressed to Mr. Bolaji’s then San Jose address, which 16 was the last address that the Debtors had on file for Mr. Bolaji, a true and correct copy of17 which is attached to the Leeper Declaration as Exhibit “C” and is incorporated herein by 18 reference.Although the terms of Mr. Bolaji’s employment with MIPS specificall20 provided that he was not legally entitled to any form of severance pay beyond payment o21 his outstanding wages and accrued vacation if terminated for cause, MIPS nonetheless 22 offered to pay Mr. Bolaji the sum of $44,887.50 as a settlement conditioned upon Mr. 23 A true and correct copy of Claim #37 of Mr. Bolaji is attached as 24 Exhibit “A” to the Declaration of Julie H. Rome-Banks filed concurrently herewith (the 25 “Rome-Banks Declaration”) and is incorporated herein by reference.

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1 BINDER & MALTER, LLP Michael W. Malter (SBN 96533) 2 Robert G. Harris (SBN 124678) Julie H. Rome-Banks (SBN 142364) 3 2775 Park Avenue, Santa Clara CA 95050 4 Telephone: 408.295.1700 Facsimile: 408.295.1531 5 Email: michael@bindermalter.com Email: rob@bindermalter.com 6 Email: julie@bindemalter.com 7 Attorneys for the Reorganized Debtors 8 UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 In re: Case No. 20-50682 (MEH) 12 WAVE COMPUTING, INC., et al., Chapter 11 (Jointly Administered) 13 Debtors.1 14 NO HEARING UNLESS REQUESTED 15 16 OBJECTIONS TO CLAIM OF TIMOTHY BOLAJI 17 TO AFFECTED CLAIMANT: TIMOTHY BOLAJI (CLAIM #37) 18 WAVE COMPUTING, INC. IMAGINATION TECHNOLOGIES, INC. and MIPS 19 TECH, LLC, the Reorganized Debtors and Debtors-in-Possession (together the “Debtors20 and each a “Debtor”) hereby object to the Proof of Claim that has been filed by claimant 21 TIMOTHY BOLAJI described below and request that said claim be disallowed in its 22 entirety: 23 /// 24 25 1 The Debtors in these chapter 11 cases, along with the last four digits of eac26 Debtor’s federal tax identification number, as applicable, are: Wave Computing, Inc. (4264MIPS Tech, Inc. (8247), Hellosoft, Inc. (8640), Wave Computing (UK) Limited (None27 Imagination Technologies, Inc. (6967), Caustic Graphics, Inc. (7272), and MIPS Tech, LL(2161). The Debtors’ mailing address is 3201 Scott Blvd, Santa Clara, CA 95054. 28

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1 1. The Debtors each filed a voluntary petition under chapter 11 on April 27, 2 2020 (“Petition Date”). The cases were ordered jointly administered by order entered on3 May 1, 2020 (docket #50) with Wave Computing, Inc. as the lead case. Donlin Recano 4 was appointed as the claims, noticing and solicitation agent on behalf of the Debtors by 5 order entered on May 1, 2020 (docket #54). 6 2. The Debtors confirmed a Sixth Amended Plan of Reorganization by order o7 this Court entered on February 16, 2021 (the “Plan”) (see docket #1172). The Plan 8 became effective on February 26, 2021 (see docket #1227). Pursuant to the Plan, and t9 the extent a claim is filed against multiple Debtors, the Debtors have been partially 10 substantively consolidated for purposes of treatment of allowed general unsecured, non-11 priority claims. 12 3. TIMOTHY BOLAJI: Debtor Wave Computing, Inc. (“Wave”) objects to Clai13 #59 filed by TIMOTHY BOLAJI (“Mr. Bolaji” or “Bolaji”), which proof of claim was filed 14 with the Court on August 3, 2020 in the case of Wave Computing, Inc., in the amount of 15 $44,887.50 as a general unsecured, non-priority claim (the “Claim”)2. Wave objects to 16 the Bolaji Claim for the following reasons: 17 A. Mr. Bolaji was employed by Debtor Imagination Technologies Inc. a18 associate general counsel pursuant to a written offer of employment dated April 19, 201319 At the time of that offer of employment, Mr. Bolaji was a resident of London and a citizen20 of the United Kingdom. Mr. Bolaji accepted the April 19, 2013 offer of employment by 21 countersigning that letter, a true and correct copy of which is attached as Exhibit “A” to 22 the Declaration of Patricia Leeper filed in support hereof and incorporated herein by 23 reference (the “Leeper Declaration”). 24 B. Mr. Bolaji received a second written offer of employment for the 25 position of associate general counsel dated November 7, 2017 from “MIPS Tech, LLC” 26 2 The Bolaji Claim was also filed with Donlin Recano, the appointed claims and 27 noticing agent in these cases, and was assigned claim #59 on the Donlin Recano claimsregister. 28

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1 (“MIPS”). Mr. Bolaji accepted the November 7, 2017 offer of employment from MIPS by 2 countersigning that letter, a true and correct copy of which is attached as Exhibit “B” to 3 the Leeper Declaration filed in support hereof and incorporated herein by reference. 4 Notably, Exhibits “A” and “B” to the Leeper Declaration were not included as attachment5 to the Bolaji Claim. In fact, the Bolaji Claim contained no supporting documents of any 6 kind. 7 C. Both written offers of employment contained provisions that required8 Mr. Bolaji to obtain and maintain an appropriate Visa to permit Mr. Bolaji to legally work i9 the Debtors’ offices located in Sunnyvale, Santa Clara and/or San Francisco, California. 10 D. In approximately the second quarter of 2018, the Debtors became 11 aware that Mr. Bolaji had failed to obtain legal authorization to work in the United States. 12 As a result, Mr. Bolaji was informed by telephone call on or about June 26, 2018 by the 13 Director of Human Resources of the Debtors, Ms. Leeper, that Mr. Bolaji was being 14 terminated for cause by MIPS. A letter confirming Mr. Bolaji’s termination for cause was 15 mailed to him the following day addressed to Mr. Bolaji’s then San Jose address, which 16 was the last address that the Debtors had on file for Mr. Bolaji, a true and correct copy of17 which is attached to the Leeper Declaration as Exhibit “C” and is incorporated herein by 18 reference. 19 E. Although the terms of Mr. Bolaji’s employment with MIPS specificall20 provided that he was not legally entitled to any form of severance pay beyond payment o21 his outstanding wages and accrued vacation if terminated for cause, MIPS nonetheless 22 offered to pay Mr. Bolaji the sum of $44,887.50 as a settlement conditioned upon Mr. 23 Bolaji executing a form of Severance Agreement and Release which was attached as 24 part of the termination letter and is included as Exhibit “C” to the Leeper Declaration. 25 The terms of the Severance Agreement and Release expressly provided Mr. Bolaji with 26 period of twenty-one (21) days to sign and return the Severance Agreement and 27 Release. If not accepted during such twenty-one day period, the offer contained in the 28

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1 Severance Agreement and Release expired by its own terms (see Exhibit “C”, page 8, 2 paragraph 4.1(e)). 3 F. At no time did Mr. Bolaji sign and return the Severance Agreement 4 and Release to the Debtors. The offer contained in the Severance Agreement and 5 Release therefore expired without acceptance by Mr. Bolaji. As a result of Mr. Bolaji’s 6 termination for cause and Mr. Bolaji’s failure to sign and return the Severance Agreemen7 and Release offer within the stated time to do so, MIPS has no legal obligation to pay an8 amount to Mr. Bolaji for severance compensation. 9 G. The Bolaji Claim lacks any supporting documents and only describe10 the basis for the asserted claim as being for “unpaid contractual severance”. 11 H. Prior to filing these Objections, counsel for the Reorganized Debtor 12 contacted Mr. Bolaji by email and requested that he provide all documents in support of 13 his claim. Mr. Bolaji only provided a copy of his original April 19, 2013 offer of 14 employment by Imagination Technologies, Inc., an earnings statement from Imagination 15 Technologies, Inc. and an earnings statement from MIPS. Mr. Bolaji failed to provide a 16 copy of his November 7, 2017 employment agreement with MIPS or the Severance 17 Agreement and Release. Mr. Bolaji also asserted that he had been terminated without 18 cause, but provided no evidence in support of that assertion. 19 I. Due to a lack of supporting documents, together with the facts and 20 circumstances concerning Mr. Bolaji’s termination for cause by MIPS and Mr. Bolaji’s 21 failure to timely execute and return the Severance Agreement and Release to MIPS, the 22 Debtors object to the Bolaji Claim in its entirety. 23 J. A true and correct copy of Claim #37 of Mr. Bolaji is attached as 24 Exhibit “A” to the Declaration of Julie H. Rome-Banks filed concurrently herewith (the 25 “Rome-Banks Declaration”) and is incorporated herein by reference. 26 K. Based upon the foregoing, Claim #37 of Mr. Bolaji should be 27 disallowed in its entirety. 28

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1 4. The failure of Mr. Bolaji to attach any supporting documents to his Claim 2 has the legal effect of rendering the Claim lacking in prima facie validity pursuant to 3 Fed.R.Bank. Proc. 3001(f). Mr. Bolaji as a creditor bears the ultimate burden of proving 4 his claim. See generally, In re Consolidated Pioneer Mortgage, (9th Cir. BAP 1995) 178 5 B.R. 222, aff’d 91 F.3d 151 (9th Cir. 1996). 6 5. The Debtors reserve the right to amend these objections to state additional7 substantive grounds for objecting to the Claim described herein, should a response to 8 these Objections be filed. 9 WHEREFORE, the Debtors pray as follows: 10 A. That Claim number 37 of Timothy Bolaji filed in the amount of $44,887.50 11 be disallowed in its entirety; and, 12 B. For such other and further relief as the Court deems just and proper. 13 Dated: August 18, 2021 BINDER & MALTER, LLP 14 15 By: /s/ Julie H. Rome-Banks Julie H. Rome-Banks 16 Attorneys for Reorganized Debtors 17 18 19 20 21 22 23 24 25 26 27 28

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