Common Contracts

MEMORANDUM

July 25th, 2023

• Filed
  July 25th, 2023

This is a breach of contract case between Plaintiff, Mark Bubenheimer, and Defendant, Keith Kenlein. Plaintiff and Defendant entered into an agreement on June 26, 2020, which provided that Plaintiff would invest $107,000 into Defendant’s business, Full Size Run (the “Business”) in exchange for 35% ownership. Plaintiff did in fact invest the $107,000 in Defendant’s business and now claims that he did not receive 35% of the business’ profit, in violation of their agreement. Both parties are proceeding pro se, despite both having counsel at the inception of this matter, and while Plaintiff has diligently prosecuted this action, Defendant has failed to participate in the litigation or respond to any correspondence from Plaintiff or the Court since April of 2022. After the Court put the parties on notice that if either party failed to appear at an in-person status conference in March of 2023 they would be held in default, Defendant failed to appear at that conference. Accordingly, the Court