What is the nature of the pending action against a former franchisee of Beyond Juicery Eatery?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for the action described below, there is no litigation required to be disclosed in this Item.
Pending Action: Litigation Against Former Franchisee and Principal Owner for Collection of Past-Due Fees and Liquidated Damages and Enforcement of Post-Termination, Confidentiality, Non-Disclosure, and Covenants Not to Compete.
BEYOND JUICERY + EATERY FRANCHISING, LLC v. JP JUICE, LLC and PHILIP BATTEN, United States District Court, Eastern District of Michigan, Southern Division, Case No. 25-cv-11157, Case filed April 22, 2025. On April 22, 2025, we filed a complaint against a former franchisee to collect past-due fees and liquidated damages owed under the franchise agreement and to enforce the posttermination, confidentiality and non-disclosure, and covenants not to compete. We also filed a motion for entry of a temporary restraining order and preliminary injunction, which is pending as of the date of this Disclosure Document. No response has currently been filed by the former franchisee or principal owner. The case remains open.
Source: Item 3 — LITIGATION (FDD page 15)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery has a pending legal action against a former franchisee. The case, BEYOND JUICERY + EATERY FRANCHISING, LLC v. JP JUICE, LLC and PHILIP BATTEN, was filed on April 22, 2025, in the United States District Court, Eastern District of Michigan, Southern Division.
The lawsuit aims to recover past-due fees and liquidated damages that the former franchisee allegedly owes under the franchise agreement. Additionally, Beyond Juicery Eatery seeks to enforce post-termination obligations, including confidentiality, non-disclosure agreements, and covenants not to compete. A motion for a temporary restraining order and preliminary injunction has been filed by Beyond Juicery Eatery and is currently pending.
As of the date of the Franchise Disclosure Document, the former franchisee and principal owner had not yet filed a response, and the case remains open. This type of litigation is not uncommon in franchising when a franchisee fails to meet their financial obligations or violates the terms of the franchise agreement, especially after termination.