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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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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): May 14, 2003
SEMOTUS SOLUTIONS, INC.
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(Exact Name of Registrant as Specified in its Charter)
Nevada 0-21069 36-3574355
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(State or other jurisdiction of (Commission (I.R.S. Employer
incorporation or organization) File Number) Identification No.)
16400 Lark Ave., Suite 230 Los Gatos, CA 95032
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(Address of Principal Executive Offices) (Zip Code)
(408) 358-7100
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(Registrant's Telephone Number, including area code)
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ITEM 5. OTHER EVENTS.
On May 14, 2003, Semotus Solutions, Inc., WizShop.com, Inc. ("WizShop"),
Earthlink, Inc. (as successor-in-interest to Earthlink Network, Inc. and
Earthlink Operations, Inc.) ("Earthlink") and Howard Lefkowitz, entered into a
Settlement Agreement and Mutual General Release Agreement. As part of the
Agreement, Earthlink paid to WizShop a total sum of two hundred ten thousand
dollars ($210,000). All parties released each other from any and all claims,
demands, damages, debts, liabilities, accounts, reckonings, obligations, costs
(including attorney's fees), expenses, liens, promises, agreements, contracts,
covenants, actions and causes of action of every kind up to the date of this
Agreement, including, but not limited to, the lawsuit filed by WizShop against
Earthlink on or about April 15, 2002.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
(c) The following exhibits are filed with this report:
Exhibit Number Description
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2.1 Settlement Agreement and Mutual General Release
Agreement by and among Semotus Solutions, Inc.,
WizShop.com, Inc., Earthlink, Inc. (as
successor-in-interest to Earthlink Network, Inc. and
Earthlink Operations, Inc.) and Howard Lefkowitz dated
May 14, 2003.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1934, the
Registrant has duly caused this Report to be signed on its behalf by the
undersigned, hereunto duly authorized.
SEMOTUS SOLUTIONS, INC.
Date: May 28, 2003 By: /s/ Anthony N. LaPine
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Anthony N. LaPine,
President and Chief Executive Officer