What does the plaintiff seek 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, a former franchisee, Abraham Bilgoray, filed a lawsuit alleging fraud and negligent misrepresentation based on not receiving the Franchise Disclosure Document (FDD) before signing the agreement.
As a result, the plaintiff seeks two primary remedies: rescission of contracts and restitution. Rescission of contracts means the plaintiff wants the franchise agreement to be canceled or revoked, as if it never existed. Restitution means the plaintiff wants to be compensated for any losses or damages suffered as a result of entering into the franchise agreement.
Augusta Lawn Care has responded to the lawsuit by filing a motion to stay, transfer, or dismiss the case on several grounds. Augusta Lawn Care denies any liability and states they are confident they will win the case and recover their legal fees and costs.