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04-3394 - Randall et al v. Lady of America Franchise Corporation et al


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04-3394 - Randall et al v. Lady of America Franchise Corporation et al
October 21, 2005
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ORDER granting in part and denying in part 17 defendants' Motion to Dismiss. 1. Defendants' motion to dismiss Count I against defendant Roger Wittenberns is GRANTED. Defendant Roger Wittenberns is DISMISSED from the case. 2. Defendants' motion to dismiss the claims of plaintiffs Randall, Stillwater Ladies, Barbara Wright, David Wright, Flamingo Express, Allanson, Neudecker, and Evans under Count I, Violation of the Minnesota Franchise Act, to the extent their claims are based on non-registration, is GRANTED. 3. Defendants' motion to dismiss the claims of plaintiffs Neudecker, Hoglund-Ross and Weeks under Count I, Violation of the Minnesota Franchise Act, to the extent their claims are based on statements made to them regarding other parties' interest in purchasing their franchised locations, is GRANTED. 4. Defendants' motion to dismiss Count IV, Violation of the Florida Sale of Business Opportunity Act, is GRANTED. 5. Defendants' motion to dismiss is DENIED in all other respects. (Written Opinion). Signed by Judge John R Tunheim on October 21, 2005. (dml)
January 18, 2008
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ORDER. IT IS ORDERED that the claims asserted by Julia Christians, Trustee for the Bankruptcy Estate of Robin Allanson, and Flamingo Express, Inc. against LOAFC and the counterclaims asserted by LOAFC against Robin Allanson and Flamingo Express, Inc. in the above-entitled action are hereby dismissed with prejudice, with each of the parties to bear their own attorneys' fees and costs. This Court reserves jurisdiction for purposes of enforcing the parties' Settlement Agreements.(Written Opinion). Signed by Judge Patrick J. Schiltz on 1/18/08. (sf)