What is the name of the plaintiff in the lawsuit against Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Abraham Bilgoray v. Mike Andes, Augusta Franchise LLC, Augusta Franchise LLC Suite, and Augusta Lawn Care Corporation, Civil Action No. 7:25-cv-00584, pending in the United States District Court for the Southern District of New York (originally filed in the Supreme Court of New York, Rockland County, on December 16, 2024 and removed to federal court on January 21, 2025). Plaintiff is a former franchisee of Augusta Lawn Care that alleges fraud and negligent misrepresentation, based on a purported non-receipt of Augusta's pre-signing Franchise Disclosure Document (the "FDD"). Plaintiff therefore seeks rescission of contracts and restitution. Augusta moved to stay, transfer, and/or dismiss on multiple grounds, including: (i) Plaintiff's franchise agreement requires that he bring any claim before the American Arbitration Association ("AAA"); (ii) to the extent Plaintiff was not required to file his claim in the AAA, he was required to file suit in the United States District Court for the Western District of Washington; (iii) Plaintiff's claims are deficient under the Federal Rules of Civil Procedure; (iv) Plaintiff's fraud-based claims are without merit under the applicable documents; and (v) the applicable statute(s) of limitations bar Plaintiff's claims. Augusta denies any liability and is confident it will prevail in the litigation and recoup its attorneys' fees and costs incurred.
Source: Item 3 — LITIGATION (FDD pages 11–12)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Abraham Bilgoray is the plaintiff in a lawsuit against Mike Andes, Augusta Franchise LLC, Augusta Franchise LLC Suite, and Augusta Lawn Care Corporation. The case, Civil Action No. 7:25-cv-00584, is pending in the United States District Court for the Southern District of New York, having been moved from the Supreme Court of New York, Rockland County. The initial filing occurred on December 16, 2024, and the removal to federal court took place on January 21, 2025.
The lawsuit alleges fraud and negligent misrepresentation, stemming from the plaintiff's claim of not receiving Augusta Lawn Care's Franchise Disclosure Document before signing the agreement. As a result, the plaintiff is seeking rescission of contracts and restitution. Augusta Lawn Care has responded by filing a motion to stay, transfer, or dismiss the case, citing several grounds, including a clause in the franchise agreement requiring claims to be brought before the American Arbitration Association, improper venue, deficiencies in the claims under the Federal Rules of Civil Procedure, lack of merit in the fraud claims, and statute of limitations issues.
Augusta Lawn Care denies any liability and expresses confidence in prevailing in the litigation, with the expectation of recovering attorneys' fees and costs. This legal matter is disclosed in Item 3 of the FDD, which covers litigation. Prospective franchisees should be aware of this ongoing legal action and its potential implications, although Augusta Lawn Care believes it will win the case. Franchisees should consult with legal counsel to understand the details and potential ramifications of this lawsuit.