Was there a settlement involved in the dismissal of the lawsuit against Dryer Vent Squad?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
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ITEM 3 LITIGATION
Home based Franchise Group, Clozetivity, Frost Shades and Dryer vent Squad (The predecessors), previously had a partner named Thomas Scott, who was sued in court (still ongoing) for misconduct in the business. Mr. Thomas has previously sued the company and its partners Curt Swanson and Leo Goldberger, which he has since withdrawn and has resigned from the company as a partner and voluntarily gave up his partnership in the companies as well. Mr. Scott and multiple family members that were also franchise owners of various of the above-mentioned companies, they all sued and either withdrew or settled (no money exchanged) as you will see below.
Thomas Scott v. Leiby Goldberger and Curt Swanson, Docket No. 3:22-cv-00763 in the United States District Court for the Middle District of Tennessee (originally filed in Chancery Court for Davidson County, Tennessee at Nashville on August 24, 2022 as Thomas J. Scott v. Leiby Goldberger and Curt Swanson, Case No. 22-1140-I). Defendants removed the action to federal court on September 29, 2022. The plaintiff, Thomas J. Scott, the former member and COO of Clozetivity Franchising, LLC, Dryer Vent Squad Franchising, LLC, Frost Shades Franchising, LLC, and Magnetainment Franchising, LLC filed a suit against our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging a breach of the duty of loyalty, duty of care, and duty of good faith and fair dealing in connection with his expulsion from the businesses. The plaintiff alleges the defendants concealed material information that they had a duty to disclose to plaintiff and in the Clozetivity, Dryer Vent Squad, Frost Shades, and Magnetainment Franchise Disclosure Documents. The plaintiff further alleges conversion, alleging the defendants seized control over his personal property at the time of his expulsion. The plaintiff alleges that following his expulsion, communications between the management team and the franchisees have defamed him and placed him in a false light and that defendant engaged in civil conspiracy in connection with his expulsion. Prior to Defendants filing an answer, Plaintiff dismissed the complaint without prejudice and without any settlement, and the Court entered an order reflecting the dismissal without prejudice on December 16, 2022.
Brand Journalists (They have since then rebranded as Brand J), LLC v. Leiby Goldberger and Curt Swanson, Docket No. 3:22-CV-00720 filed in the United States District Court for the Middle District of Tennessee on September 16, 2022.Plaintiff, Brand Journalists, LLC, a limited liability company wholly owned by Plaintiff Thomas J. Scott, the former member and Chief Operating Officer of Clozetivity Franchising, LLC, Dryer Vent Squad Franchising, LLC, Frost Shades Franchising, LLC, Magnetainment Franchising,LLC, and Home Based Franchise Group, LLC filed a suit against our CEO and COO Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging, violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), violation of the Stored Communications Act, violation of the Electronic Communications Protection Act, unjust enrichment, conversion, tortious interference with contract/procurement of breach of contract, and intentional interference with prospective economic advantage. Prior to Defendants filing an answer, Plaintiff dismissed the complaint without prejudice and without any settlement, and the Court entered an order reflecting the dismissal without prejudice on December 19, 2022.
Angie Scott v. Clozetivity Franchising LLC, Leiby Goldberger and Curt Swanson, Case No. 22-1310-II, filed in the Chancery Court for Davidson County, Tennessee at Nashville on October 2,2022. The plaintiff, Angie Scott, a former franchisee of Clozetivity (as well as the wife of Thomas J. Scott, the former member and COO of Clozetivity), filed a suit against Clozetivity and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to plaintiff and in the Clozetivity Franchise Disclosure Documents. Plaintiff brought a three-count complaint alleging fraudulent inducement, fraudulent inducement by concealment, and injunctive relief. Prior to Defendants filing an answer, Plaintiff dismissed the complaint without prejudice and without any settlement, and the Court entered an order reflecting the dismissal without prejudice on January 9, 2023.
Kane Scott v. Frost Shades Franchising LLC, Leiby Goldberger and Curt Swanson, Case No. 22-1312-III, filed in the Chancery Court for Davidson County, Tennessee at Nashville on October 2, 2022. The plaintiff, Kane Scott, a
former franchisee of Frost Shades (and, also a relative of Thomas J. Scott, the former member and Chief Operating Officer of Frost Shades), filed a suit against Frost Shades and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to the plaintiff and in the Frost Shades Franchise Disclosure Documents. Plaintiff brought a three-count complaint alleging fraudulent inducement and fraudulent inducement by concealment and seeking injunctive relief. On January 13, 2023, Defendants filed an answer denying the claims. Plaintiff Kane Scott and Defendants amicably resolved their dispute (with no money exchanging hands) and, on April 10, 2023, the Court entered an order reflecting the dismissal with prejudice of their respective claims.
Gwendolyn Gilleland (Sister of Thomas J. Scott) v. Leiby Goldberger and Curtis Swanson, Case No. 01-CV-2023- 900961 filed in the Circuit Court of Jefferson County, Alabama, Birmingham Division on March 24, 2023. In her complaint, Plaintiff alleges defamation (slander per se); defamation (libel per se); invasion of privacy (false light); and abuse of process. On April 24, 2023 Defendants filed their respective answers in which they deny Plaintiff's allegations. On May 1, 2023, Plaintiff amended her complaint to include Home Based Franchise Group, LLC; Dryer Vent Squad Franchising, LLC; Frost Shades Franchising, LLC; and Clozetivity Franchising, LLC as Defendants and add an additional claim of abuse of process. In her amended complaint Plaintiff alleges defamation (slander per se); defamation (libel per se); invasion of privacy (false light); abuse of process; and malicious prosecution. Plaintiff voluntarily dismissed the case on or about Oct. 18, 2023 and the parties entered into a confidential settlement whereby Defendants Home Based Franchise Group, LLC; Dryer Vent Squad Franchising, LLC; Frost Shades Franchising, LLC; and Clozetivity Franchising, LLC Leiby Goldberger, Curt Swanson elected to settle the case for an undisclosed amount.
Aaron Cotton v. Dryer Vent Squad Franchising LLC, Leiby Goldberger and Curt Swanson Docket No. 3:22 cv00774, filed in the United States District Court for the Middle District of Tennessee on October 2, 2022. The plaintiff, Aaron Cotton (who is also the boyfriend of the daughter of COO Thomas J. Scott), a former franchisee of Clozetivity Franchising LLC, filed a suit against Dryer Vent Squad Franchising LLC and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to the plaintiff and in the Dryer Vent Squad Franchise Disclosure Documents. Plaintiff brought a three-count complaint alleging fraudulent inducement and fraudulent inducement by concealment and seeking injunctive relief. On February 21, 2023, Defendants filed an answer denying the claims. Plaintiff Cotton and Defendants amicably resolved their dispute (with no money exchanging hands), and, on April 27, 2023, the Court entered an order reflecting the dismissal with prejudice of their respective claims.
Will Farris v. Dryer Vent Squad Franchising LLC, Leiby Goldberger and Curt Swanson, Case No. 22-1311-I, filed in the Chancery Court for Davidson County, Tennessee at Nashville on October 2, 2022. The plaintiff, Will Farris, a former franchisee of Dryer Vent Squad, filed a suit against Dryer Vent Squad and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to the plaintiff and in the Dryer Vent Squad Franchise Disclosure Documents. Plaintiff brought a three-count complaint alleging fraudulent inducement, fraudulent inducement by concealment, and injunctive relief. On January 11, 2023, Defendants filed an answer denying the claims**. Plaintiff Will Farris and Defendants amicably resolved their dispute (with no money exchanging hands) and, on March 31, 2023, the Court entered an order reflecting the dismissal with prejudice of their respective claims.**
B&P Glass and Mirror LLC v. Clozetivity Franchising LLC, Leiby Goldberger and Curt Swanson, Docket No. 3:22-cv-00772, filed in the United States District Court for the Middle District of Tennessee on October 2, 2022. The plaintiff, B&P Glass and Mirror, LLC, a former franchisee of Clozetivity Franchising LLC, filed a suit against Clozetivity Franchising LLC and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to plaintiff and in the Clozetivity Franchise Disclosure Documents. Plaintiff brought a three-count complaint alleging fraudulent inducement and fraudulent inducement by concealment and seeking injunctive relief**. Plaintiff voluntarily**
dismissed the case on or about OCT 20, 2023 and the parties entered into a settlement whereby Defendants paid $10,000.00.
Bridwell Enterprises, LLC and Jennifer Bridwell v. Clozetivity Franchising LLC, Leiby Goldberger and Curt Swanson, Docket No. 3:22-cv-00773, filed in the United States District Court for the Middle District of Tennessee on October 2, 2022. The plaintiffs, Bridwell Enterprises, LLC and Jennifer Bridwell, former franchisees of Clozetivity Franchising LLC filed a suit against Clozetivity Franchising LLC and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to plaintiffs and in the Clozetivity Franchise Disclosure Documents. Plaintiffs brought a three count complaint alleging fraudulent inducement and fraudulent inducement by concealment and seeking injunctive relief. Plaintiff voluntarily dismissed the case on or about DEC 01, 2023 and the parties entered into a settlement whereby Defendants paid the plaintiff an undisclosed amount.
George "Bob" Lunt v. Frost Shades Franchising LLC, Leiby Goldberger and Curt Swanson, No.3:22-cv-00775, filed in the United States District Court for the Middle District of Tennessee on October 2, 2022. The plaintiff, George "Bob" Lunt, a former franchisee of Frost Shades Franchising, LLC, filed a suit against Frost Shades and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to plaintiff and in the Frost Shades Franchise Disclosure Documents. Plaintiff brought a three-count complaint alleging fraudulent inducement and fraudulent inducement by concealment and seeking injunctive relief. Defendants have not filed an answer yet, and instead filed a motion to dismiss and a motion to compel arbitration, which is currently pending before the Court. On February 6, 2023, Plaintiff filed a motion for a preliminary injunction that, if granted, would allow Plaintiff to disregard the restrictive covenants contained in his Franchise Agreement and work for a competitor of Frost Shades. On February 23, 2023, Defendants filed an opposition, and ultimately the court send the case to arbitration where its currently in
Kari Denton v. DVS Franchising Corporation, Leo Golderger, Case No. MON-L-001066-22, filed in the Superior Court of New Jersey, Monmouth County on April 18, 2022 (the "Lawsuit"). In the Lawsuit plaintiff, Kari Denton claims to be an employee and interest holder in DVS Franchising Corporation and alleges, as against DVS Franchising Corporation and our CEO, Leo Goldberger, claims of breach of contract, breach of the duty of good faith and fair dealing, breach of fiduciary duty, violations of the Oppressed Shareholder Act, and fraud in connection with her alleged investment in DVS Franchising Corporation. The plaintiff seeks actual damages, punitive damages, pre-judgment and post-judgment interest, attorneys' fees, and costs. Plaintiff voluntarily dismissed the case on OCT 10, 2023 and the parties agreed to a settlement, where defendant paid 20,000.00 to plaintiff.
Steven Hatch v. Frost Shades Franchising LLC, Leiby Goldberger and Curt Swanson, No. 01-22-0004-7979, filed with American Arbitration Association on October 2, 2022. The plaintiff, Steven hatch, a former franchisee of Frost Shades Franchising, LLC, filed a suit against Frost Shades and our CEO and COO, Leiby "Leo" Goldberger and Curt Swanson, respectively, alleging that the defendants concealed material information that they had a duty to disclose to plaintiff and in the Frost Shades Franchise Disclosure Documents.
Source: Item 3 — LITIGATION (FDD pages 11–15)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad FDD, several lawsuits involving Dryer Vent Squad and related parties were dismissed, some with settlements and some without.
Specifically, the case of Thomas Scott v. Leiby Goldberger and Curt Swanson was dismissed without prejudice and without any settlement. Similarly, the case of Brand Journalists, LLC v. Leiby Goldberger and Curt Swanson was dismissed without prejudice and without any settlement. The case of Angie Scott v. Clozetivity Franchising LLC, Leiby Goldberger and Curt Swanson was also dismissed without prejudice and without any settlement.
However, the case of Gwendolyn Gilleland v. Leiby Goldberger and Curtis Swanson was voluntarily dismissed, and the parties entered into a confidential settlement. Additionally, Aaron Cotton v. Dryer Vent Squad Franchising LLC, Leiby Goldberger and Curt Swanson was amicably resolved with no money exchanging hands. Will Farris v. Dryer Vent Squad Franchising LLC, Leiby Goldberger and Curt Swanson was also amicably resolved with no money exchanging hands. Barbara Fein v. Clozetivity Franchising LLC, and Leiby Goldberger was voluntarily dismissed, and the parties agreed to an undisclosed settlement. B&P Glass and Mirror LLC v. Clozetivity Franchising LLC, Leiby Goldberger and Curt Swanson was voluntarily dismissed, and the defendants paid $10,000.00 as part of a settlement. Bridwell Enterprises, LLC and Jennifer Bridwell v. Clozetivity Franchising LLC, Leiby Goldberger and Curt Swanson was voluntarily dismissed, and the defendants paid the plaintiff an undisclosed amount as part of a settlement. Alyssa Anderson v. Patch Boys Franchising, LLC, Leiby Goldberger, Curtis Swanson, and Bill Weber was voluntarily dismissed, and Patch Boys Franchising, LLC elected to settle the case for $55,000. Michael Borgen v. Patch Boys Franchising, LLC, Leiby Goldberger, Curtis Swanson, and William Weber was settled for 80% of the franchise fee.