Zounds Hearing Franchising LLC et al v. Bower et al
| Zounds Hearing Franchising LLC and Zounds Hearing Incorporated |
| Edward T Bower, Barbara Bower and Lend Me Your Ears Incorporated |
| 2:2016cv01462 |
| May 12, 2016 |
| U.S. District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Contract: Franchise |
| 28 U.S.C. ยง 2201 Declaratory Judgment |
| Defendant |
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Filing
68
ORDER granting 60 Motion for Attorney Fees in the amount of $48,509.75. The Clerk shall enter judgment in favor of Defendants Edward T. Bower, Barbara Bower, Lend Me Your Ears Inc., Lawrence R. Woerner, Nancy Woerner, Susan Steigerwald, Da vid Steigerwald, Lawrence W. Woerner, Rosemarie Woerner, WOCO Franchise LLC, Frank R. Graziano, Mary E. Graziano, FNM Enterprises Inc., Glenn Harbold, Perfect Clarity LLC and against Plaintiffs Zounds Hearing Franchising LLC and Zounds Hearing Inc. jointly and severally, for $48,509.75, plus interest thereon at the federal rate of 2.27% per annum until paid. Signed by Senior Judge Neil V Wake on 5/15/18. (DXD)
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Filing
54
ORDER - The Zounds Defendants' 43 Renewed Motion to Dismiss Amended Complaint or, Alternatively, to Stay Proceedings and Compel Mediation is denied. FURTHER ORDERED that Case No. CV-17-00728 is deconsolidated and the Clerk shall tra nsfer the case to the United States District Court for the Northern District of Ohio. FURTHER ORDERED that the Clerk enter judgment in consolidated Cases No. CV-16-01462, No. CV-16-01465, No. CV-16-01467, and No. CV-16-01470 declaring and adjudgin g as follows: 1. Section 22(C) of the Franchise Agreement is invalid and unenforceable to the extent it requires that mediation occur in Phoenix, Arizona as a condition precedent to the suit Defendants filed in Ohio because 2. The Ohio Business Opportunity Purchasers Protection Act, Ohio Rev. Code § 1334.06(e), provides that "any provision in an agreement restricting jurisdiction or venue to a forum outside of this state, or requiring the application of laws of an other state, is void with respect to a claim otherwise enforceable under [the Act]" and the claims the Franchisees filed in Ohio are claims under the Act, and 3. Section 22(A) of the Franchise Agreement providing that "[t]his agreemen t shall be governed by and construed in accordance with the laws of the State of Arizona" is invalid and unenforceable with respect to the claims and issues under the Ohio Business Opportunity Purchasers Protection Act that the Franchisees filed in Ohio. The Clerk shall terminate these cases in this Court. Signed by Senior Judge Neil V Wake on 9/19/2017. (ATD)
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Filing
51
ORDER - The Zounds Defendants' 43 Renewed Motion to Dismiss Amended Complaint or, Alternatively, to Stay Proceedings and Compel Mediation is denied. FURTHER ORDERED that Case No. CV-17-00728 is deconsolidated and the Clerk shall trans fer the case to the United States District Court for the Northern District of Ohio. FURTHER ORDERED that the Clerk enter judgment in consolidated Cases No. CV-16-01462, No. CV-16-01465, No. CV-16-01467, and No. CV-16-01470 declaring and adjudging as follows: 1. Section 22.C of the Franchise Agreement is invalid and unenforceable to the extent it requires that mediation occur in Phoenix, Arizona as a condition precedent to the suit Defendants filed in Ohio because 2. The Ohio B usiness Opportunity Purchasers Protection Act, Ohio Rev. Code § 1334.06(e), provides that "any provision in an agreement restricting jurisdiction or venue to a forum outside of this state, or requiring the application of laws of another s tate, is void with respect to a claim otherwise enforceable under [the Act]" and the claims Defendants filed in Ohio are claims under the Act, and 3. Section 22.A of the Franchise Agreement providing that "[t]his agreement shall be go verned by and construed in accordance with the laws of the State of Arizona" is invalid and unenforceable with respect to the claims and issues under the Ohio Business Opportunity Purchasers Protection Act that the Franchisees filed in Ohio. The Clerk shall terminate these cases in this Court. Signed by Senior Judge Neil V Wake on 9/15/2017. (ATD)
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Filing
23
ORDER granting Defendants' (16) Motion to Consolidate Cases. Case CV-16-01462-PHX-NVW is now consolidated with cases CV-16-01465-PHX-SRB, CV-01467-PHX-NVW, and CV-16-01470-DLR for all further proceedings pursuant to Federal Rule of Civil Proce dure 42(a)(2). In accordance with LRCiv 42.1, all pleadings shall be filed in the lower numbered case. Therefore, future pleadings pertaining to any of these actions shall be filed in CV-16-01462-PHX-NVW and all cases are now assigned to the undersigned. (See document for details.) Signed by Judge Neil V Wake on 06/30/2016. (Associated Cases: 2:16-cv-01462-NVW, 2:16-cv-01465-SRB, 2:16-cv-01467-NVW, 2:16-cv-01470-DLR) (ATD)
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