DECISION AND ORDERFranchise Agreement • March 26th, 2024
Contract Type FiledMarch 26th, 2024What started out as a plain vanilla franchise agreement has led the parties down a Rocky Road of federal litigation. Here’s the scoop: Gregory Fowler and Doubri Enterprises, LLC (“Plaintiffs”) brought suit in Rhode Island Superior Court against Cold Stone Creamery, Inc. (“Cold Stone”), asserting an array of claims based on Cold Stone’s alleged breach of a franchise agreement and a separate sublease agreement. Cold Stone, which hails from Arizona, felt chilled in Rhode Island Superior Court and, seeking the softer service of federal court, removed the proceedings to this Court based on diversity of citizenship. It has now filed the instant motion to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3). (ECF No. 4.) Cold Stone says this is no Baskin
DECISION AND ORDERFranchise Agreement • December 25th, 2021
Contract Type FiledDecember 25th, 2021What started out as a plain vanilla franchise agreement has led the parties down a Rocky Road of federal litigation. Here’s the scoop: Gregory Fowler and Doubri Enterprises, LLC (“Plaintiffs”) brought suit in Rhode Island Superior Court against Cold Stone Creamery, Inc. (“Cold Stone”), asserting an array of claims based on Cold Stone’s alleged breach of a franchise agreement and a separate sublease agreement. Cold Stone, which hails from Arizona, felt chilled in Rhode Island Superior Court and, seeking the softer service of federal court, removed the proceedings to this Court based on diversity of citizenship. It has now filed the instant motion to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3). (ECF No. 4.) Cold Stone says this is no Baskin