What is the scheduled date for the hearing on Hardees' Motion to Dismiss Arbor Capital's Counterclaim?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
On April 29, 2025, HR filed a Motion to Dismiss Arbor Capital's Counterclaim. A hearing on HR's Motion to Dismiss is scheduled for July 1, 2025. HR maintains that Arbor Capital is in breach of its obligations under the Sublease and denies all liability or wrongdoing with respect to Arbor Capital's Counterclaim. This matter remains pending.
Source: Item 3 — Litigation (FDD pages 23–27)
What This Means (2025 FDD)
According to Hardees' 2025 Franchise Disclosure Document, a hearing regarding Hardees' Motion to Dismiss Arbor Capital's Counterclaim is scheduled for July 1, 2025. This counterclaim is part of an ongoing legal action, Hardee's Restaurants LLC v. Arbor Capital Partners, LLC, et al., which was initially filed on July 12, 2024.
Hardees filed a Motion to Dismiss Arbor Capital's Counterclaim on April 29, 2025. Hardees denies any liability or wrongdoing related to Arbor Capital's Counterclaim and asserts that Arbor Capital is in breach of its obligations under the Sublease. The document indicates that this matter is still pending, meaning the outcome is yet to be determined by the court.
For a prospective franchisee, this pending litigation highlights the importance of understanding the legal landscape Hardees operates in. While Hardees maintains its position and denies wrongdoing, the outcome of the hearing and the overall case could have implications for franchisees, particularly concerning subleases and franchise agreement obligations. It would be prudent for potential franchisees to discuss this litigation with Hardees to fully understand the potential risks and impacts.