Medifast Franchise Systems, Inc. et al v. Team Wellness, Inc. et al

Filing 38

MEMORANDUM. Signed by Judge J. Frederick Motz on 3/8/2016. (c/m 3/9/2016 nd2s, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

MEDIF AST FRANCHISE SYSTEMS, INC

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v,

TEAM WELLNESS, INC., ET AL.

Civil No. - JFM-14-3668

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MEMORANDUM

Defendant Neal Smith has filed a motion for summary judgment.

The motion will be

denied.
The motion does not contain any cites to the record. On that ground alone it does not
comply with Fed. R. Civ. P. 56(c)(l)(A).

In any event, the motion is without merit. Plaintiff's

fraud in the inducement claim turns upon what was initially represented to it, including Neal
Smith's 100% ownership of the franchisees in question. Moreover, it appears that plaintiffs were
not advised of the fact that Chip Miles, who was under a non-compete agreement from a third
party, was involved in the ownership of the franchisees.
The fact that after plaintiffs' termination, they negotiated with the then 50% owner of the
franchisees, is of no moment. Self-evidently, it was in plaintiffs' interest to continue the
business ofthe franchisees as best they could.
A separate order denying Neal Smith's motion for summary judgment is being entered

Je?--c~/
J. F~derick Motz
Ullited States Dlstnct Judge
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