What is the case number for the Ira Lubert and John Martinson case against Ledgers?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
Ira Lubert and John Martinson v. John T. Hewitt, ATAX, LLC, and Loyalty, LLC (Case No 250503829) filed May 30, 2025, in the Court of Common Pleas of Philadelphia County, Pennsylvania. The Plaintiffs are investors in ATAX, LLC, and claim that they were solicited to invest in ATAX as a qualified opportunity zone business (QOZB), yet it did not qualify as a QOZB. Further, Plaintiffs claim that, as a result of the non-QOZB status, the defendants promised certain changes, some of which defendants have not made, specifically an amendment to ATAX's Operating Agreement and certain financial controls. The Plaintiffs also allege that Hewitt, with the assistance of certain Loyalty employees, made cash withdrawals from ATAX and paid those funds to himself, to Loyalty, and to other Loyalty brand companies without ATAX Board approval. The Plaintiffs sue for (1) Fraud Against Defendant Hewitt, (2) Aiding and Abetting Fraud (Against Defendant Loyalty), (3) Breach of Fiduciary Duty (Against Defendants Hewitt and Loyalty), (4) Conversion (Against Defendants Hewitt and Loyalty), (5) Breach of Contract (Against Defendants Hewitt, Loyalty, and ATAX), (6) Unjust Enrichment (Against Defendants Hewitt and Loyalty), (7) Breach of Virginia Stock Corporation Act (Against Defendants Hewitt and Loyalty), and (8) Violation of Pennsylvania Voidable Transfers Act (Against Defendants Hewitt and Loyalty). Plaintiffs seek a judgment, an order rescinding their investments, redemption of their ownership interests at a fair value, monetary damages in an amount to be determined at trial, fees, and interest. Defendants offered to buy out the Plaintiffs' investments for a profit that would be beneficial to Plaintiffs. Defendants intend to file an Answer generally denying the allegations and vigorously contesting the claims made. No trial date has been set.
Source: Item 3 — LITIGATION (FDD pages 11–16)
What This Means (2025 FDD)
According to Ledgers's 2025 Franchise Disclosure Document, Ira Lubert and John Martinson filed a case against John T. Hewitt, ATAX, LLC, and Loyalty, LLC (Case No 250503829) on May 30, 2025, in the Court of Common Pleas of Philadelphia County, Pennsylvania. The plaintiffs, who are investors in ATAX, LLC, allege they were solicited to invest in ATAX as a qualified opportunity zone business (QOZB), but it did not qualify as such.
The plaintiffs further claim that the defendants promised certain changes due to the non-QOZB status, including an amendment to ATAX's Operating Agreement and certain financial controls, which were not fully implemented. They also allege that Hewitt, with the assistance of Loyalty employees, made unauthorized cash withdrawals from ATAX and paid those funds to himself, Loyalty, and other Loyalty brand companies without ATAX Board approval.
The plaintiffs are suing for various claims, including fraud, aiding and abetting fraud, breach of fiduciary duty, conversion, breach of contract, unjust enrichment, breach of Virginia Stock Corporation Act, and violation of Pennsylvania Voidable Transfers Act. They are seeking a judgment, rescission of their investments, redemption of their ownership interests at fair value, monetary damages to be determined at trial, fees, and interest. The defendants have offered to buy out the plaintiffs' investments for a profit and intend to file an answer denying the allegations and contesting the claims.