Bower et al v. Zounds Hearing Franchising LLC et al
| Edward T Bower, Lend Me Your Ears Incorporated, Frank R Graziano, FNM Enterprises Incorporated, Glenn Harbold, Perfect Clarity LLC, Lawrence Woerner and WOCO Franchise LLC |
| Zounds Hearing Franchising LLC, Zounds Hearing Incorporated, FranNet LLC, Jose Torres, FranChoice Incorporated and Chris L Cynkar |
| 2:2017cv00728 |
| March 10, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| Neil V Wake |
| Contract: Franchise |
| 28 U.S.C. ยง 1446 Petition for Removal |
| Defendant |
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Filing
65
ORDER - The Zounds Defendants' 43 Renewed Motion to Dismiss Amended Complaint or, Alternatively, to Stay Proceedings and Compel Mediation is denied (in Lead Case CV-16-01462-PHX-NVW). FURTHER ORDERED that Case No. CV-17-00728 is deconsoli dated and the Clerk shall transfer 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 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 requi ring the application of laws of another 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 pr oviding that "[t]his agreement 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
63
ORDER - The Zounds Defendants' 43 Renewed Motion to Dismiss Amended Complaint or, Alternatively, to Stay Proceedings and Compel Mediation is denied (in Lead Case CV-16-01462-PHX-NVW). FURTHER ORDERED that Case No. CV-17-00728 is deconsolida ted and the Clerk shall transfer 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 andunenforceable 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, OhioRev. 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 applicati on of laws of another state, is void with respect to a claim otherwise enforceable under [the Act]" and the claims Defendants filed in Ohio are claims under the Act, and3. Section 22.A of the Franchise Agreement providing that "[t]hisag reement shall be governed by and construed in accordance with the laws of theState of Arizona" is invalid and unenforceable with respect to the claims andissues under the Ohio Business Opportunity Purchasers Protection Act that theFranchisees 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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