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ULLAND,                       OF SECTIONS 14(a) AND 20(a) OF\n    MARIANNE BOHREN, LOCKWOOD                          THE SECURITIES EXCHANGE\n    CARLSON, JEFFREY D. ENGBRECHT,                     ACT OF 1934\n    ERNEST M. HARPER JR., DARRELL B.\n    LEE, and GREGORY W. JACKSON,\n\n                       Defendants,                     JURY TRIAL DEMAND\n\n\n        Plaintiff Stanley Jacobs (\u201cPlaintiff\u201d) alleges the following upon information and belief,\n\nincluding investigation of counsel and review of publicly available information, except as to those\n\nallegations pertaining to Plaintiff, which are alleged upon personal knowledge:\n\n                                    NATURE OF THE ACTION\n\n        1.      Plaintiff brings this action against IKONICS Corporation (\u201cIKONICS\u201d or the\n\n\u201cCompany\u201d) and IKONICS\u2019 Board of Directors (the \u201cBoard\u201d or the \u201cIndividual Defendants\u201d) for\n\ntheir violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934, 15.U.S.C. \u00a7\u00a7\n\n78n(a), 78t(a), and SEC Rule 14a-9, 17 C.F.R. 240.14a-9, arising out of the Board\u2019s attempt to sell\n\nthe Company to TeraWulf Inc. (\u201cTeraWulf\u201d).\n\n        2.      Defendants have violated the above-referenced Sections of the Exchange Act by\n\ncausing a materially incomplete and misleading amended registration statement (the \u201cS-4\u201d) to be\n\nfiled with the Securities and Exchange Commission (\u201cSEC\u201d) on September 20, 2021. 1 The S-4\n\n\n\n1\n  The original registration statement was filed with the SEC on July 30, 2021. Amendments to the\nregistration statement were filed on August 2, 2021 and August 11, 2021.\n                                                1\n\f            Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 2 of 13\n\n\n\n\nrecommends that IKONICS stockholders vote in favor of a proposed transaction (the \u201cProposed\n\nTransaction\u201d) whereby IKONICS is acquired by TeraWulf. The Proposed Transaction was first\n\ndisclosed on June 25, 2021, when IKONICS and TeraWulf announced that they had entered into\n\na definitive merger agreement (the \u201cMerger Agreement\u201d) pursuant to which TeraWulf will acquire\n\nall of the outstanding shares of common stock of IKONICS for $5.00 per share, one contingent\n\nvalue right, and 1.00 share of the combined company\u2019s common stock (the \u201cMerger\n\nConsideration\u201d). IKONICS stockholders will own 2% of the combined company. The deal is\n\nexpected to close in the second half of 2021.\n\n       3.      The S-4 is materially incomplete and contains misleading representations and\n\ninformation in violation of Sections 14(a) and 20(a) of the Exchange Act. Specifically, the S-4\n\ncontains materially incomplete and misleading information concerning the financial projections\n\nprepared by IKONICS management, as well as the financial analyses conducted by Northland\n\nSecurities, Inc. (\u201cNorthland\u201d), IKONICS\u2019s financial advisor.\n\n       4.      For these reasons, and as set forth in detail herein, Plaintiff seeks to enjoin\n\nDefendants from taking any steps to consummate the Proposed Transaction, including filing any\n\nfurther amendment to the S-4 with the SEC or otherwise causing any further amendment to the S-\n\n4 to be disseminated to IKONICS\u2019s stockholders, unless and until the material information\n\ndiscussed below is included in any such amendment or otherwise disseminated to IKONICS\u2019s\n\nstockholders. In the event the Proposed Transaction is consummated without the material\n\nomissions referenced below being remedied, Plaintiff seeks to recover damages resulting from the\n\nDefendants\u2019 violations.\n\n                                            PARTIES\n\n       5.      Plaintiff is, and has been at all relevant times, the owner of shares of common stock\n\n\n\n                                                 2\n\f              Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 3 of 13\n\n\n\n\nof IKONICS.\n\n        6.     Defendant IKONICS is a corporation organized and existing under the laws of the\n\nState of Minnesota. The Company\u2019s principal executive offices are located at 4832 Grand Avenue,\n\nDuluth, Minnesota 55807. IKONICS common stock trades on NASDAQ under the ticker symbol\n\n\u201cIKNX.\u201d\n\n        7.     Defendant Glenn Sandgren has been CEO and a director of the Company since\n\n2020.\n\n        8.     Defendant William C. Ulland has been a director of the Company since 1972.\n\nDefendant Ulland has served as Chairman of the Board since 1976, and served as President and\n\nCEO of the Company from 2000 until 2020.\n\n        9.     Defendant Marianne Bohren has been a director of the Company since 2016.\n\n        10.    Defendant Lockwood Carlson has been a director of the Company since 2009.\n\n        11.    Defendant Jeffrey D. Engbrecht has been a director of the Company since 2016.\n\n        12.    Defendant Ernest M. Harper Jr. has been a director of the Company since 2012.\n\n        13.    Defendant Darrell B. Lee has been a director of the Company since 2012.\n\n        14.    Defendant Gregory W. Jackson has been a director of the Company since 2017.\n\n        15.    Defendants Sandgren, Ulland, Bohren, Carlson, Engbrecht, Harper, Lee, and\n\nJackson are collectively referred to herein as the \u201cBoard\u201d or \u201cIndividual Defendants.\u201d\n\n        16.    Nonparty TeraWulf is a Delaware corporation. TeraWulf is a bitcoin mining\n\ncompany that provides U.S.-produced bitcoin using hydro, nuclear and solar powered cryptomines.\n\n                                JURISDICTION AND VENUE\n\n        17.    This Court has subject matter jurisdiction pursuant to Section 27 of the Exchange\n\nAct (15 U.S.C. \u00a7 78aa) and 28 U.S.C. \u00a7 1331 (federal question jurisdiction) as Plaintiff alleges\n\n\n\n                                                3\n\f             Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 4 of 13\n\n\n\n\nviolations of Section 14(a) and 20(a) of the Exchange Act and SEC Rule 14a-9.\n\n       18.     Personal jurisdiction exists over each Defendant either because the Defendant\n\nconducts business in or maintains operations in this District or is an individual who is either present\n\nin this District for jurisdictional purposes or has sufficient minimum contacts with this District as\n\nto render the exercise of jurisdiction over Defendant by this Court permissible under traditional\n\nnotions of fair play and substantial justice.\n\n       19.     Venue is proper in this District under Section 27 of the Exchange Act, 15 U.S.C. \u00a7\n\n78aa, as well as under 28 U.S.C. \u00a7 1391, because a significant amount of the conduct at issue took\n\nplace and had an effect in this District.\n\n                         FURTHER SUBSTANTIVE ALLEGATIONS\n\n   A. Background of the Company and the Proposed Transaction\n\n       20.     IKONICS offers products to industrial and consumer customers based on four\n\ntechnology platforms: ultraviolet chemistry, film coating and construction, technical abrasive\n\netching, and industrial inkjet printing. IKONICS products include screen printing emulsions, inkjet\n\nfilms, and products to put patterns and textures onto molds.\n\n       21.     On June 25, 2021, the Company entered into the Merger Agreement with TeraWulf.\n\nAccording to the press release issued on June 25, 2021 announcing the Proposed Transaction:\n\n         TeraWulf and IKONICS Announce Merger Agreement, Paving Way For a\n         U.S. Publicly Traded ESG-Focused Cryptocurrency Mining Company with\n                          Plans to Use 90%+ Zero-Carbon Energy\n\n             TeraWulf Positioned to Produce Low-Cost, Domestic, Environmentally\n                          Sustainable Bitcoin at an Industrial Scale\n\n         50 Megawatts (\u201cMW\u201d) Expected to be Online This Year and 800 MW Deployed\n            by 2025, Enabling a Hashrate Over 23 exahash per second (\u201cEH/s\u201d) of\n                                   Computational Power\n\n         Upon Completion of Business Combination, Combined Company Intends to Be\n                    Listed on Nasdaq Under Trading Symbol \u201cWULF\u201d\n                                                  4\n\f     Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 5 of 13\n\n\n\n\n IKONICS Shareholders to Receive $5.00 per share and Contingent Value Right\n (\u201cCVR\u201d), and Collectively Retain 2% of Combined Company\u2019s Common Stock\n\nIKONICS Business to Become Subsidiary of Combined Company and Positioned\n                                for Sale\n\nEASTON, Maryland & DULUTH, Minnesota \u2013 June 25, 2021 \u2013 TeraWulf Inc.\n(\u201cTeraWulf\u201d), poised to become a best-in-class bitcoin mining company,\nannounced today it expects to become a Nasdaq-listed company through a business\ncombination with IKONICS Corporation (Nasdaq: IKNX), a Duluth, MN imaging\ntechnology company. The companies have entered into a definitive merger\nagreement to combine under a new holding company, which will change its\nIKONICS to TeraWulf Inc. and is expected to be listed on The Nasdaq Stock\nMarket LLC under the trading symbol \u201cWULF\u201d.\n\nEnvironmental, Social, and Governance (ESG) Focused Cryptocurrency\nMining Company\n\nTeraWulf is positioned to generate environmentally sustainable bitcoin at an\nindustrial scale in the U.S. using over 90% zero-carbon energy. With 60,000 state-\nof-the-art miners on order, TeraWulf expects to have 50 MW of mining capacity\nonline this year, and consistent with its buildout plan, expects to have 800 MW\nmining capacity deployed by 2025, enabling over 23 EH/s of expected hashrate.\n\nTeraWulf is leveraging its management team\u2019s decades of experience in energy\nsupply optimization, operations and engineering to create a premier platform for\nsustainable cryptocurrency mining. In addition, TeraWulf plans to implement its\nproven model for large cryptocurrency mine development and operations, which\nwill help ensure TeraWulf can scale efficiently. With an institutional commitment\nto ESG principles and a target of 100% zero-carbon energy utilization, TeraWulf is\npositioned to be a leading miner of sustainable bitcoin globally.\n\nPaul Prager, Chairman & Chief Executive Officer of TeraWulf, said, \u201cTeraWulf\nrepresents an exciting new paradigm for cryptocurrency mining, which is built on\na significant strategic advantage to utilize reliable, secure and low-cost sustainable\nenergy sources to support our bitcoin mining activities. We have a talented\nmanagement team with a proven track record and we are ready to rapidly scale due\nto an established supply chain and strong partner relationships. Site work is\nunderway at the Company\u2019s mining facilities in New York and Pennsylvania with\ncompetitive power supply agreements already in place. As we prepare TeraWulf to\ntrade on the public market, we are confident that we have the in-house technology,\ninfrastructure and operations expertise to deliver unparalleled value for\nshareholders.\u201d\n\nNazar Khan, Chief Operating Officer, added, \u201cOur team\u2019s unique access to energy\n\n                                          5\n\f     Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 6 of 13\n\n\n\n\nassets and deep sector expertise in the wholesale electricity markets allows us to\nquickly develop a large-scale cryptocurrency mining platform that can help\nfacilitate and can expedite the electric grid\u2019s transition to a zero-carbon future. Sited\nand managed appropriately, mining operations provide resiliency to the electric\ngrid while leading the rapid development of the global fintech infrastructure.\u201d\nGlenn Sandgren, Chief Executive Officer of IKONICS, said, \u201cWe are pleased to\nhave reached this agreement with TeraWulf and look forward to partnering with\nthem. This transaction provides ideal outcomes for our shareholders, customers and\nemployees. It delivers our shareholders the opportunity to realize a substantial\nupfront cash payment while continuing to benefit from the value of our legacy\nimaging business, and provides them with the opportunity to participate in the\npotential upside of TeraWulf at an exciting time for the cryptocurrency mining\nspace. The agreement will be instrumental in securing the long-term viability of\nIKONICS\u2019s legacy business, allowing it to continue to meet the needs of our\ncustomers with a secure supply of our high quality products in addition to continued\nemployment opportunities for our workforce.\u201d\n\nTeraWulf\u2019s Leading ESG Focus\n\nTeraWulf\u2019s aim is to be the most environmentally sustainable bitcoin mining\ncompany focused on ESG through its purpose-driven business practices,\ndetermined clean energy goals, and support for its communities. TeraWulf is\ncommitted to diversity, equity and inclusion at all levels of the organization and is\nproud of its highly qualified, diverse management team. As an industry leading\nproducer of bitcoin with a targeted path of zero-carbon energy utilization, TeraWulf\nintends to maintain a high level of transparency, reliability, and environmental\nstewardship across its operations and throughout its supply chain.\n\nKerri Langlais, TeraWulf\u2019s Chief Strategy Officer, said, \u201cOur core focus on ESG\nsets us apart from our competitors and ties directly to our business success. We are\nconfident that by integrating flexible baseload energy demand into the electric grid,\nwe will accelerate the transition to a more resilient, stable and sustainable energy\nfuture while generating attractive investor returns and tangible benefits, including\njob creation, for our communities.\u201d\n\nTransaction Overview\n\nUnder the terms of the agreement, which has been unanimously approved by the\nBoards of Directors of both companies, each outstanding share of IKONICS\ncommon stock will receive $5.00 in cash, one CVR, and one share of the combined\ncompany\u2019s common stock. Through the CVRs, which will not be publicly traded,\nthe IKONICS shareholders will be entitled to received 95% of the net proceeds\nfrom any sale of IKONICS\u2019s legacy business completed during the 18 months\nfollowing the closing of the business combination, and will expire at the end of\nsuch 18 month period with respect to any portion of IKONICS\u2019s legacy business\nwhich has not been sold. The shares of the combined company\u2019s common stock to\n\n                                           6\n\f             Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 7 of 13\n\n\n\n\n       be received by the IKONICS shareholders will collectively represent 2% of the\n       combined company\u2019s pro forma common equity ownership. As of March 31, 2021,\n       IKONICS had a net book value of $11.6 million, cash of $4.4 million and working\n       capital of $4.1 million.\n\n       Following consummation of the transaction, the legacy business of IKONICS will\n       be operated consistent with past practices but will be positioned for sale on terms\n       that are acceptable to the Board of Directors of the combined company.\n\n       The transaction is expected to close in the second half of 2021, subject to the receipt\n       of regulatory approvals, the approval of IKONICS and TeraWulf shareholders, and\n       other customary closing conditions.\n\n   B. The Materially Incomplete and Misleading S-4\n\n       22.       On September 20, 2021, Defendants filed the S-4 with the SEC. The purpose of the\n\nS-4 is, inter alia, to provide the Company\u2019s stockholders with all material information necessary\n\nfor them to make an informed decision on whether to vote in favor of the Proposed Transaction.\n\nHowever, significant and material facts were not provided to Plaintiff. Without such information,\n\nPlaintiff cannot make a fully informed decision concerning whether to vote in favor of the\n\nProposed Transaction.\n\n                 Materially Incomplete and Misleading             Disclosures     Concerning     the\n                 Management-Prepared Financial Forecasts\n\n       23.       The S-4 discloses management-prepared financial projections for the Company\n\nwhich are materially misleading. The S-4 indicates that in connection with the rendering of\n\nNorthland\u2019s fairness opinion, Northland reviewed \u201ccertain internal financial projections and\n\nestimates relating to IKONICS and TeraWulf furnished to Northland by the respective\n\nmanagements of IKONICS and TeraWulf.\u201d Accordingly, the S-4 should have, but failed to,\n\nprovide certain information in the projections that IKONICS\u2019s management provided to the Board\n\nand Northland.\n\n       24.       With regards to IKONICS, the S-4 fails to disclose any long-term financial\n\nprojections for the Company or any adequate explanation for the non-disclosure of such\n\n                                                 7\n\f               Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 8 of 13\n\n\n\n\nprojections.\n\n       25.      Notably, with regards to \u201cTeraWulf\u2019s Forecasts,\u201d the S-4 fails to disclose all line\n\nitems underlying EBITDA. This omitted information is necessary for Plaintiff to make an informed\n\ndecision on whether to vote in favor of the Proposed Transaction.\n\n                Materially Incomplete and Misleading Disclosures Concerning Northland\u2019s\n                Financial Analyses\n\n       26.      With respect to the IKONICS Selected Public Companies Analysis, the S-4 fails to\n\ndisclose the individual multiples and metrics for the companies identified by Northland in the\n\nanalysis.\n\n       27.      With respect to the IKONICS Selected Precedent Transactions Analysis, the S-4\n\nfails to disclose: (i) the value of each transaction used; and (ii) the per share amount paid to the\n\nshareholders of the target companies.\n\n       28.      With respect to the TeraWulf Selected Public Companies Analysis, the S-4 fails to\n\ndisclose the individual multiples and metrics for each company used by Northland in the analysis.\n\n       29.      With respect to the TeraWulf Discounted Cash Flow Analysis, the S-4 fails to\n\ndisclose: (i) the terminal values of TeraWulf; (ii) line items used to calculate free cash flows; and\n\n(iii) the inputs and assumptions underlying the discount rates and the perpetuity growth rates.\n\n       30.      Without this material information, Plaintiff is unable to make a fully informed\n\ndecision in connection with the Proposed Transaction and faces irreparable harm, warranting the\n\ninjunctive relief sought herein.\n\n       31.      In addition, the Individual Defendants knew or recklessly disregarded that the S-4\n\nomits the material information concerning the Proposed Transaction and contains the materially\n\nincomplete and misleading information discussed above.\n\n       32.      Specifically, the Individual Defendants undoubtedly reviewed the contents of the\n\n                                                 8\n\f                Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 9 of 13\n\n\n\n\nS-4 before it was filed with the SEC. Indeed, as directors of the Company, they were required to\n\ndo so. The Individual Defendants thus knew or recklessly disregarded that the S-4 omits the\n\nmaterial information referenced above and contains the incomplete and misleading information\n\nreferenced above.\n\n          33.    Further, the S-4 indicates that on June 24, 2021, Northland reviewed with the Board\n\nits financial analysis of the Merger Consideration and delivered to the Board an oral opinion, which\n\nwas confirmed by delivery of a written opinion of the same date, to the effect that the Merger\n\nConsideration was fair, from a financial point of view to IKONICS stockholders. Accordingly, the\n\nIndividual Defendants undoubtedly reviewed or were presented with the material information\n\nconcerning Northland\u2019s financial analyses which has been omitted from the S-4, and thus knew or\n\nshould have known that such information has been omitted.\n\n          34.    Plaintiff is immediately threatened by the wrongs complained of herein and lacks\n\nan adequate remedy at law. Accordingly, Plaintiff seeks injunctive and other equitable relief to\n\nprevent the irreparable injury that he will continue to suffer absent judicial intervention.\n\n                                      CLAIMS FOR RELIEF\n\n                                              COUNT I\n\nAgainst All Defendants for Violations of Section 14(a) of the Exchange Act and Rule 14a-9\n\n          35.    Plaintiff incorporates each and every allegation set forth above as if fully set forth\n\nherein.\n\n          36.    Defendants have filed the S-4 with the SEC with the intention of soliciting\n\nIKONICS stockholder support for the Proposed Transaction. Each of the Individual Defendants\n\nreviewed and authorized the dissemination of the S-4, which fails to provide the material\n\ninformation referenced above.\n\n          37.    In so doing, Defendants made materially incomplete and misleading statements\n                                                   9\n\f               Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 10 of 13\n\n\n\n\nand/or omitted material information necessary to make the statements made not misleading. Each\n\nof the Individual Defendants, by virtue of their roles as officers and/or directors of IKONICS, were\n\naware of the omitted information but failed to disclose such information, in violation of Section\n\n14(a).\n\n         38.     Rule 14a-9, promulgated by the SEC pursuant to Section 14(a) of the Exchange\n\nAct, provides that such communications with stockholders shall not contain \u201cany statement which,\n\nat the time and in the light of the circumstances under which it is made, is false or misleading with\n\nrespect to any material fact, or which omits to state any material fact necessary in order to make\n\nthe statements therein not false or misleading.\u201d 17 C.F.R. \u00a7 240.14a-9.\n\n         39.     Specifically, and as detailed above, the S-4 violates Section 14(a) and Rule 14a-9\n\nbecause it omits material facts concerning: (i) management\u2019s financial projections; and (ii) the\n\nvalue of IKONICS shares and the financial analyses performed by Northland in support of its\n\nfairness opinion.\n\n         40.     Moreover, in the exercise of reasonable care, the Individual Defendants knew or\n\nshould have known that the S-4 is materially misleading and omits material information that is\n\nnecessary to render it not misleading. The Individual Defendants undoubtedly reviewed and relied\n\nupon the omitted information identified above in connection with their decision to approve and\n\nrecommend the Proposed Transaction; indeed, the S-4 states that Northland reviewed and\n\ndiscussed its financial analyses with the Board on June 24, 2021, and further states that the Board\n\nconsidered Northland\u2019s financial analyses and fairness opinion in connection with approving the\n\nProposed Transaction. The Individual Defendants knew or should have known that the material\n\ninformation identified above has been omitted from the S-4, rendering the sections of the S-4\n\nidentified above to be materially incomplete and misleading.\n\n\n\n                                                 10\n\f                Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 11 of 13\n\n\n\n\n          41.     The misrepresentations and omissions in the S-4 are material to Plaintiff, who will\n\nbe deprived of his right to cast an informed vote if such misrepresentations and omissions are not\n\ncorrected prior to the vote on the Proposed Transaction. Plaintiff has no adequate remedy at law.\n\nOnly through the exercise of this Court\u2019s equitable powers can Plaintiff be fully protected from\n\nthe immediate and irreparable injury that Defendants\u2019 actions threaten to inflict.\n\n                                               COUNT II\n\n   Against the Individual Defendants for Violations of Section 20(a) of the Exchange Act\n\n          42.     Plaintiff incorporates each and every allegation set forth above as if fully set forth\n\nherein.\n\n          43.     The Individual Defendants acted as controlling persons of IKONICS within the\n\nmeaning of Section 20(a) of the Exchange Act as alleged herein. By virtue of their positions as\n\nofficers and/or directors of IKONICS and participation in and/or awareness of the Company\u2019s\n\noperations and/or intimate knowledge of the incomplete and misleading statements contained in\n\nthe S-4 filed with the SEC, they had the power to influence and control and did influence and\n\ncontrol, directly or indirectly, the decision making of the Company, including the content and\n\ndissemination of the various statements that Plaintiff contends are materially incomplete and\n\nmisleading.\n\n          44.     Each of the Individual Defendants was provided with or had unlimited access to\n\ncopies of the S-4 and other statements alleged by Plaintiff to be misleading prior to the time the S-\n\n4 was filed with the SEC and had the ability to prevent the issuance of the statements or cause the\n\nstatements to be corrected.\n\n          45.     In particular, each of the Individual Defendants had direct and supervisory\n\ninvolvement in the day-to-day operations of the Company, and, therefore, is presumed to have had\n\n\n\n                                                   11\n\f             Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 12 of 13\n\n\n\n\nthe power to control or influence the particular transactions giving rise to the Exchange Act\n\nviolations alleged herein and exercised the same. The omitted information identified above was\n\nreviewed by the Board prior to voting on the Proposed Transaction. The S-4 at issue contains the\n\nunanimous recommendation of each of the Individual Defendants to approve the Proposed\n\nTransaction. They were, thus, directly involved in the making of the S-4.\n\n       46.     In addition, as the S-4 sets forth at length, and as described herein, the Individual\n\nDefendants were involved in negotiating, reviewing, and approving the Merger Agreement. The\n\nS-4 purports to describe the various issues and information that the Individual Defendants\n\nreviewed and considered. The Individual Defendants participated in drafting and/or gave their\n\ninput on the content of those descriptions.\n\n       47.     By virtue of the foregoing, the Individual Defendants have violated Section 20(a)\n\nof the Exchange Act.\n\n       48.     As set forth above, the Individual Defendants had the ability to exercise control\n\nover and did control a person or persons who have each violated Section 14(a) and Rule 14a-9, by\n\ntheir acts and omissions as alleged herein. By virtue of their positions as controlling persons, these\n\ndefendants are liable pursuant to Section 20(a) of the Exchange Act. As a direct and proximate\n\nresult of Individual Defendants\u2019 conduct, Plaintiff will be irreparably harmed.\n\n                                     RELIEF REQUESTED\n\n       WHEREFORE, Plaintiff demands injunctive relief in his favor and against the Defendants\n\njointly and severally, as follows:\n\n       A.      Preliminarily and permanently enjoining Defendants and their counsel, agents,\n\nemployees and all persons acting under, in concert with, or for them, from filing any further\n\namendment to the S-4 with the SEC or otherwise disseminating any further amendment to the S-4\n\n\n\n                                                 12\n\f               Case 1:21-cv-08148 Document 1 Filed 10/01/21 Page 13 of 13\n\n\n\n\nto IKONICS stockholders unless and until Defendants agree to include the material information\n\nidentified above in any such amendment;\n\n          B.     Preliminarily and permanently enjoining Defendants and their counsel, agents,\n\nemployees and all persons acting under, in concert with, or for them, from proceeding with,\n\nconsummating, or closing the Proposed Transaction, unless and until Defendants disclose the\n\nmaterial information identified above which has been omitted from the S-4;\n\n          C.     In the event that the transaction is consummated prior to the entry of this Court\u2019s\n\nfinal judgment, rescinding it or awarding Plaintiff rescissory damages;\n\n          D.     Directing the Defendants to account to Plaintiff for all damages suffered as a result\n\nof their wrongdoing;\n\n          E.     Awarding Plaintiff the costs and disbursements of this action, including reasonable\n\nattorneys\u2019 and expert fees and expenses; and\n\n          F.     Granting such other and further equitable relief as this Court may deem just and\n\nproper.\n\n                                           JURY DEMAND\n\n          Plaintiff demands a trial by jury.\n\n Dated: October 1, 2021                             ROWLEY LAW PLLC\n\n\n                                                    S/ Shane T. Rowley\n                                                    Shane T. Rowley (SR-0740)\n                                                    Danielle Rowland Lindahl\n                                                    50 Main Street, Suite 1000\n                                                    White Plains, NY 10606\n                                                    Tel: (914) 400-1920\n                                                    Fax: (914) 301-3514\n                                                    Email: srowley@rowleylawpllc.com\n                                                    Email: drl@rowleylawpllc.com\n\n                                                    Attorneys for Plaintiff\n\n\n                                                  13\n\f","ocr_status":2,"date_upload":"2021-10-04T10:19:27.246522-07:00","document_number":"1","attachment_number":null,"pacer_doc_id":"127029907382","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Complaint","acms_document_guid":""}],"date_created":"2021-10-01T14:07:03.728365-07:00","date_modified":"2021-10-04T10:19:26.007102-07:00","date_filed":"2021-10-01","time_filed":null,"entry_number":1,"recap_sequence_number":"2021-10-01.001","pacer_sequence_number":11,"description":"COMPLAINT against Marianne Bohren, Lockwood Carlson, Jeffrey D. Engbrecht, Ernest M. Harper, Ikonics Corporation, Gregory Jackson, Darrell B. Lee, Glenn Sandgren, William C. Ulland. (Filing Fee $ 402.00, Receipt Number ANYSDC-25140786)Document filed by Stanley Jacobs..(Rowley, Shane) (Entered: 10/01/2021)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/176574010/","id":176574010,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/60605519/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/181934611/","id":181934611,"tags":[],"absolute_url":"/docket/60605519/2/jacobs-v-ikonics-corporation/","date_created":"2021-10-01T14:07:02.930143-07:00","date_modified":"2021-10-04T10:19:26.053858-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"2","attachment_number":null,"pacer_doc_id":"127029907421","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Civil Cover Sheet","acms_document_guid":""}],"date_created":"2021-10-01T14:07:02.925814-07:00","date_modified":"2021-10-04T10:19:26.039583-07:00","date_filed":"2021-10-01","time_filed":null,"entry_number":2,"recap_sequence_number":"2021-10-01.002","pacer_sequence_number":14,"description":"CIVIL COVER SHEET filed..(Rowley, Shane) (Entered: 10/01/2021)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=60605519&page_size=40"}