Long John Silvers, Inc. v. Willingham et al

Filing 1

COMPLAINT against All Defendants Filing fee $ 350, receipt number 644-1280591., filed by Long John Silvers, Inc.. (Attachments: # 1 Cover Sheet, # 2 Exhibit A. Oracle Fran Ag part 1 & 2, # 3 Exhibit B. Broadway Fran Ag part 1 & 2, # 4 Exhibit C. Guaranty Agreements, # 5 Exhibit D. Conditional Reinstatement, # 6 Exhibit E. Default Ltrs, # 7 Exhibit F. Termination Ltr, # 8 Exhibit G. Bankruptcy Desist Ordr, # 9 Exhibit H. LJS Trademarks, # 10 Summons J. Willingham, # 11 Summons P. Willingham) (JSS)

VIA UPS OVERNIGHT DELIVERY
January 27, 2011
Southwest Seafood Shoppes, LLC
Attn: John Willingham
4321 N. Bear Claw Way
Tucson, AZ 85749
RE:

NOTICE OF DEFAULT, LJS RESTAURANT(S), AND DEMAND
PAYMENT OF ROYALTY AND/OR ADVERTISING FEESSTORES 07459, 07555,07606,07705, & 07919

FOR

Dear John:
Your Long John Silver's, Inc. ("LJS") Franchise Agreement(s) (the "Agreement(s)")
for
the location(s) set forth on Exhibit "A" attached hereto grants you the right to operate an
LJS Restaurant at that location. So that our customers can consistently receive the
uniform high quality of product, service, customer satisfaction and national image for
which LJS is known, the Agreement(s) also contains continuing obligations of the
Franchisee. This is to advise you that you are in default of those obligations as follows:

1. Failure to remit royalty and/or advertising fees for the month(s) set forth on Exhibit
"A".
2. Failure to remit monthly sales reports for the month(s) set forth on Exhibit

"A".

Under the-terms of your Agreement(s) or applicable state law, .youhave_10da)'s.from.the
date this Notice is mailed to you (which is the date hereof) to pay in full the royalty
and/or advertising fees described above. If you fail to pay LJS in full before such 10 day
period expires, your Agreement(s) will terminate effective the first day following such 10
day period. In the event you receive a subsequent Notice of Default for a default other
than the one described in this letter, the subsequent Notice of Default will in no way
extend the period designated herein for curing the default described in this letter.

Long John Sliver's Inc.
1900 Colonel Sanders Lane
Louisville. KY 40213

Due to the seriousness of this matter, we urge you to remedy your defauhs as soon as
possible and, in any event, within the time period described above. If yo u have any
questions, or if you have already remitted the required payments, please call me right
away at 1-800-544-5774.
Thank

yOU

in advance for your cooperation.

Very truly yours,

Don Becker
Division Counsel

EXHIBIT" A"

Royalty

DEFAULT

CUSTOMER
1D

ADDRESS

TIMEFRAME

07459

4105 N. Oracle Rd.
Tucson, AZ 85705

October 2010
November 2010
December 2010

07555

7120 E. Broadway
Tucson, AZ 85710

October 2010
November 2010
December 2010

07606

4030 E. 22nd St.
Tucson, AZ 85711

Octo ber 2010
November 2010
December 2010

07705

3700 S. 6th Ave.
Tucson, AZ 85713

Octo ber 2010
November 2010
December 2010

07919

4640 W. Ina Rd.
Tucson, AZ 85741

October 2010
November 2010
December 2010

EXHIBIT "A" (Continued)

Advertising

CUSTOMER

-

ID

ADDRESS

DEFAULT
TIMEFRAME

07459

4105 N. Oracle Rd.
Tucson, AZ 85705

September 2010
Octo ber 2010
November 2010
December 2010

07555

7120 E. Broadway
Tucson, AZ 85710

September 2010
Octo ber 2010
November 2010
December 2010

07606

4030 E. 22nd St.
Tucson, AZ 85711

September 2010
October 2010
No v ernber 2010
December 2010

07705

3700 S. 6th Ave.
Tucson, AZ 85713

September 2010
Octo ber 2010
November 2010
December 2010

07919

4640 W. Ina Rd.
Tucson, AZ85741

September 2010
Octo ber 2010
November 2010
December 2010

VIAVPS OVERNIGHT DELIVERY
March 15,2011
Southwest Seafood Shoppes, LLC
Attn: John Willingham
4321 N. Bear Claw Way
Tucson, AZ 85749
RE:

NOTICE OF DEFAULT, LJS RESTAURANT(S), AND DEMAND
PAYMENT OF ROYALTY AND/OR ADVERTISING FEES STORES 07459, 07555,07606,07705, & 07919

FOR

Dear John:
Your Long John Silver's, Inc. ("LJS") Franchise Agreement(s) (the "Agreement(s)")
for
the location(s) set forth on Exhibit "A" attached hereto grants you the right to operate an
LJS Restaurant at that location. So that our customers can consistently receive the
uniform high quality of product, service, customer satisfaction and national image for
which LJS is known, the Agreement(s) also contains continuing obligations of the
Franchisee. This is to advise you that you are in default of those obligations as follows:
1. Failure to remit royalty and/or advertising fees for the month(s) set forth on Exhibit
"A".
Under the terms of your Agreement(s) or applicable state law, you have 10 days from the
date this Notice is mailed to you (which is the date hereof) to pay in full the royalty
and! or advertising fees described above. If you fail to.pay LJS in full beforesuch 1 day·
0
period expires, your Agreement(s) will terminate effective the first day following such 10
day period. In the event you receive a subsequent Notice of Default for a default other
than the on(f described in this letter, the subsequent Notice of Default will in no way
extend the period designated herein for curing the default described in this letter.

Long John Silver's Inc.
1900 Colonel Sanders Lane
Louisville. KY 40213

Due to the seriousness of this matter, we urge you to remedy your defaults as soon as
possible and, in any event, within the time period described above. If You have already
remitted the required payments or you have questions regarding this N olice of Default,
please contact Debbie Leonard at 1-800-544-5774, extension 2059.
Thank you in advance for your cooperation.

Very truly yours,

Don Becker
Division Counsel

..

EXHIBIT "A"

07919

4640 W. Ina Rd.
Tucson, AZ 85741

January 2011