CUPPY’S COFFEE: Lawsuits Mounting Against Medina, Elite
September 12, 2008
Case Number: 2008 CC 002961 S
Judge/Magistrate: PATRICIA GRINSTED
File Date: 8/29/2008 Case Status: PENDING
Defendant MEDINA ENTERPRISES INC
Plaintiff GMKP PROPERTIES LLC Attorney: AARON B WENTZ
5 DAY SUMMONS SERVED: MEDINA ENTERPRISES INC 9/4/08 9/5/2008
5 DAY SUMMONS ISSUED: MEDINA ENTERPRISES INC Receipt: 96380 Date: 09/02/2008 8/30/2008
COMPLAINT FOR EVICTION-NON PAYMENT OF RENT 8/29/2008
EVICTION-POSSESSION Receipt: 96380 Date: 09/02/2008 8/29/2008
Case Number: 2008 CA 004555 S
Judge/Magistrate: THOMAS REMINGTON
File Date: 8/19/2008 Case Status: PENDING
Defendant ELITE MANUFACTURING LLC A FLORIDA LIMITED LIABILIT
Plaintiff HASSAN BOUQFA Attorney: RICHARD S JOHNSON
SUMMONS ISSUED TO: ELITE MANUFACTURING LLC Receipt: 96171 Date: 08/27/2008 8/26/2008
CLERKS LETTER AS TO FEES DUE 8/21/2008
COMPLAINT FOR DAMAGES 8/19/2008
Case Number: 2008 CA 002982 S
Judge/Magistrate: THOMAS REMINGTON
File Date: 5/30/2008 Case Status: DISPOSED BY JUDGE
Defendant ELITE MANUFACTURING LLC
Plaintiff DANIEL HARRIS Attorney: DYE, JAMES LEE
AFFIDAVIT OF DEFAULT ON CONDTIONAL JUDGMENT 9/11/2008
COVER LETTER TO THE COURT WITH ORDER 7/25/2008
CONDITIONAL JUDGMENT 7/25/2008
STIPULATION FOR CONDITIONAL JUDGMENT 7/21/2008
SUMMONS ISSUED TO: ELITE MANUFACTURING LLC 6/2/2008
COMPLAINT FOR DAMAGES 5/30/2008
Case Number: 2008 CC 000500 S
Judge/Magistrate: PATRICIA GRINSTED
File Date: 2/7/2008 Case Status: PENDING
Defendant ELITE MANUFACTURING LLC
Plaintiff SHREEMATEE DEONARAIN, ENRIQUE PREGIGUEIRO
Case Number: 2008 CA 003109 S
Judge/Magistrate: WILLIAM STONE
File Date: 6/5/2008
Case Status: PENDING
Defendant ELITE MANUFACTURING LLC Attorney: RUDOLF HARPER
Plaintiff ADVANTAGE LEASING CORPORATION Attorney: ROBERT J SCHAFFER
Case Number: 2008 CA 003401 S
Judge/Magistrate: G BARRON
File Date: 6/18/2008
Case Status: PENDING
Defendant CUPPYS COFFEE & MORE INC, ELITE MANUFACTURING LLC Attorney: RUDOLF HARPER
Plaintiff RICHARD KYLE Attorney: H WESLEY REEDER
Case Number: 2008 CA 004922 S
Judge/Magistrate: THOMAS REMINGTON
File Date: 9/8/2008
Case Status: PENDING
Defendant ELITE MANUFACTURING LLC
Plaintiff TALINE HASHOLIAN, MINAS HASHOLIAN Attorney: PHILLIP S HOWELL
WHAT DO YOU THINK? SHARE A COMMENT.
Latest Update…. The sky has fallen on Dale Nabor’s Dream Team in AL. Dale has finally gotten up enough nerve to meet with the employees that followed him up to Muscle Shoals, AL and told them he can NOT get the money to pay them. But he wanted to know who would continue to work for him for FREE. Has he lost his mind totally? He also told them if they would not stay and work free he did not want them to blog him. WTF????!!!!! He’s an arrogant sh it!! So… now there are NO employees at Cuppy’s/Elite/Medina! Dale is still trying to sell Elite contracts to Brian Hayes. But remember franchisees… Brian Hayes/SBT or whatever name they go by these days is overcharging you for buildout and equipment. Your best bet is to take whatever loss you have now and sue Morg/Dale/Medina/Fransynergy and try to recoup your deposit moneys. Cuppy’s is dead! Even if a franchisee let SBT continue to build them out, I would NOT call it Cuppy’s. Cuppy’s has an awful name and I don’t evenn think God himself can raise that dead franchise. Franchisee please listen up… you need to join together to get justice. There are more people out here willing to help you get that justice than you may think. Good luck to you zees and to the employees that followed Dale to AL and had work for 2 months without pay. I wish you all well.
Okay now that Dale’s evil empire is starting to crack we all need to take the next step.If you have an SBA loan through Comerica bank,Commerce bank ,Yes bank or PNC bank Dale’s next scheme is to have Supreme Building Inc[led by the former president of Elite] overcharge you for the buildout so that Dale can put some of the disbursement money in his bank account.These banks are also being investigated for possible fraud charges since they disbursed our money and the banks did not follow SBA guidelines for disbursement.Supreme Buildings will overcharge you as much as 50% more than we can get the project done with our own contractor.The equipment is also marked up by 50% if you go through Supreme Buildings Inc.I for one will not get scammed by Dale Nabors or Brian Hayes again.We all need to report these banks to the SBA and if the banks did not follow the correct procedures for disbursement then we should not be held liable for the loan.This will work if you are trying to get out of the SBA loan that you got for your project.Comerica,Commerce,Yes and PNC bank are all at fault here so contact them immediately and let them know about Dale’s/Brian Hayes/Supreme Buildings Inc scheme and also let them know that you want an audit performed on your loan disbursement.I have already done this and there is a possibility that I can get out of this loan.Let’s finish the job and take down Dale.
I agree with screwed franchisee-this is not about Cuppy,s anymore-it is about bringing Dale down.This is what he deserves.Everyone needs to contact their banks and the SBA.I don’t think Dale paid my subcontractor which is one of the requirements for disbursements.I think we now have an avenue.If your subcontractor did not get paid then contact the bank and SBA and let them know.Once we bring Dale down we can concentrate on Brian Hayes .I have a plan.
Guest & screwed franchisees…. you keep talking about Dale Nabor and yes he deserves to face criminal charges but don’t forget Robert “Morg” Morgan. Most of those bank disbursments happened under Morg’s watch. Morg was the main person pushing the banks to disburse before they were suppose to. They both need and hopefully will face criminal & fraud charges.
Guest & screwed franchisees….
It appears you are the same person posting a fake conversation with yourself.
You are not a screwed franchisee but an ex-employee with an agenda.
You have been outed.
Others who do the same run the same risk of being exposed.
Pick one screen name and use it.
Quick question…how(if at all) does this affect those of us that were originally bamboozled with greatly underestimated build-out numbers, time lines, and operating costs, and DID open our stores and ended up with mountains of debt that were not foreseen because of the misleading from the beginning?
If there is indeed fraud to be proven, then is there a recourse for the current SBA loans that are out there?
Anyone that is “legally” pursuing action please let me know. I would be interested in speaking to you privately.
Admin – You are correct! I could even tell you who the ex-employee is but, for now I’ll remain silent on HIS identity because, it will come out SOON ENOUGH!
I can tell you that HE is an ex-employee who in an effort to make himself ‘look good’ in the performance of his job, he did certain things which should not have been done. Both Morg and Dale should have paid more attention to his actions, so the liability may rest with them — but some may pass directly to him. He knows this, and is now trying to come out and be a hero on some fronts, while deflecting the HEAT from himself on various blogs and email chains.
AGAIN – Admin seems to be taking a very fair position, and calling the shots as he sees them.
Amy….er… I mean JavaGal wrote “Both Morg and Dale should have paid more attention to his actions, so the liability may rest with them…”
It has been mentioned here ad nauseam, that Dale and Morg completely held the reins. Nothing was done, and no information was given out except by them. Nobody else held any power here. So please stop trying to re-direct blame on others. The flame needs to be held on these two, and yourself (being the right-hand person, and most likely privy to their intentions).
Admin..I would be skeptical regarding all this praise she is hoisting upon you. There must be some motive here that I am not aware of. you are not thinking about becoming the next owner of Cuppy’s, are you?
I feel like McCain when the lady in the crowd called Obama an “A-rab” and he had to wrestle the microphone back and defend Obama.
guest wrote: I agree with screwed franchisee-this is not about Cuppy,s anymore-it is about bringing Dale down.
guest/screwedfranchisees… you are obviously on the wrong blog. This is about the franchisees and depositers – you know, those people whose savings paid your salary back when you were a Cuppy’s cheerleader – not about bringing anyone down. If you had the choice between getting Rick & Krista their money back or seeing Dale in jail, it’s pretty clear which you’d pick.
I would be skeptical regarding all this praise she is hoisting upon you.
You can’t give me even 5 minutes to enjoy my scant praise, can you.
you are not thinking about becoming the next owner of Cuppy’s, are you?
OMG that made me spew my rotgut whiskey all over my dark room!
ADMIN… you wrote on October 18th, 2008 12:27 pm “Guest & screwed franchisees…. It appears you are the same person posting a fake conversation with yourself. You are not a screwed franchisee but an ex-employee with an agenda”
Well you are wrong in regards to me being the same person in these previous post. I am a guest and not screwed franchisee. I was replying to a “guest’s” remarks and to “screwed franchisee” remarks. You are correct in regards to I’m an ex-employee. Who is trying to keep the franchisees informed as to what is going on in Morg & Dale Nabor’s little world. The ship is not sinking it has SUNK and nobody wants to believe it!! The franchisees need to stop complaining (even though they have the right) and do something before Dale/Morg liquidate whatever assets are left & hide forever. Morg still hasn’t been found so officials can serve him papers. He’s doing the same thing he did when Slender Lady franchisees were trying to sue him. He hid until they got tired of looking for him and tired of waiting & dropped the case on him because they couldn’t find him. If you don’t think that’s what Morg and Dale are think of right this very second, you all are fools.
Admin: Sorry to stop your enjoyment of your scant praise.
I do want you to know what a Godsend you have been to me and my wife. We really appreciate the forum you have provided, and the time you have taken to listen to our story (and others…many, many others). This also goes to all the wonderful (ex) franchisees that have taken the time to email and commiserate with us.
This has been a tough year, but it has been somewhat eased by everyones involvement.
I hope some of you disgruntled-pi$$ed off-no paycheck-tossed out on your a$$ ex employees contact us, or anyone else, and spill the beans (no pun intended) that you hold. Lets get ‘em.
ADMIN… you wrote on October 18th, 2008 12:27 pm “Guest & screwed franchisees…. It appears you are the same person posting a fake conversation with yourself. You are not a screwed franchisee but an ex-employee with an agenda”
Well you are wrong in regards to me being the same person in these previous post. …
The Guest who wrote this response is not the “guest” to whom I was referring. I was referring to the “guest” who said he agreed with “screwed franchisee” and that this was all about bringing Dale down. Those two are the same person – or at least posting from the same computer.
Here’s an idea: Why don’t people stop posting as “guest” Pick one distinct name (no one else’s, please) to post under, please.
Rick: no problem. Thanks for your and Krista’s interview. You guys have the courage to speak out and – if nothing else – warn others before they make the same or similar mistake.
Just be careful of all so-called helpers. Java Girl is right about the differing agendas. There are lots of little special interest groups milling around here… those who slander without adding any solid information are the most suspect in my book.
Javagal writes: “can tell you that HE is an ex-employee who in an effort to make himself ‘look good’ in the performance of his job, he did certain things which should not have been done. Both Morg and Dale should have paid more attention to his actions, so the liability may rest with them — but some may pass directly to him. He knows this, and is now trying to come out and be a hero on some fronts, while deflecting the HEAT from himself on various blogs and email chains.”
I think we can all agree that most employees of Cuppy’s/Elite/Medina did things that should never had been done, including you Miss Amy Hiller. When will you stop deflecting blame from yourself and pushing on to everyone else you worked with. Did you say anything to Dale when this employee was doing questionable things? My guess is that it was swept under a rug like everything else that was done.
Krista, it’s not fair to blame the vast majority of employees for “doing questionable things.” You can blame Morg, Dale and Amy, but the rest of the employees were $12 per hour “kids” and this was their first “real” job. They had no reason to believe that things weren’t okay until the very end. When Dale first took over, stores were still being built and bills were being paid. It wasn’t until August when the employees that were left first became aware of the scope of the problem.
I’m sure that Admin will point to the blogs and the number of disgruntled franchisees. The employees were told that the majority of those blogging us were people that had requested refunds that were unfounded. Per their agreements the only reason for a refund was the inability to secure financing. Some of these franchisees came on board and claimed that they were self financing, meaning that they were paying cash (i.e. home equity loans or 401K’s) or were arranging their own financing. Were some people like Criston Menz screwed? Absolutely. But look back at your blog and the blogs of others and there were maybe 6 to 10 people blogging. Out of a total of 200 franchisees, that’s a pretty low number.
guest wrote: When Dale first took over, stores were still being built and bills were being paid.
This is simply not accurate. There were many more than 6-10 people whose deposits were taken and used for other purposes. Didn’t SBT have more than $1,000,000 in unpaid invoices that were not paid during Morg’s leadership?
“stores were being built” like Mary Patricks… taking 22 months and having liens put on the building by unpaid vendors? This was long before Dale took over.
It seems to me that there’s a great amount of effort being put forth to try to create the illusion that these problems all started when Dale took over. In fact, this same pattern predates Cuppy’s itself – going back to Java Jo’z, does it not?
Guest: I didn’t say the ‘vast majority’ of employees I said most employees. I do not include the fsm’s or training team in this (they were naive not to catch that something was terribly wrong when they receive phone call after phone call from pissed off franchisees), I was speaking mainly of the sales and financing staff and the ‘upper management’ and owners. I know for a fact that bills were not being paid under Morg as I know of several franchisees who were open under Morg that have liens on their properties due to items not being paid by Morg. If you honestly believe there are only 6 to 10 people blogging, you need to wake up.
Krista, first, how can you blame the sales staff? They may have been unscrupulous in their initial sale, but after that, they had no idea what was going on in the rest of the company. You can absolutely blame finance, upper management and owners, but that is a small number of employees and NOT “a majority of employees” like you state in your post. Second, there were NO liens placed on stores PRIOR to Dale taking over. Lastly, i said “were” blogging. There are many more now, but prior to Dale taking over there were only a handful.
I know of two operators open right now in my area that have liens placed on their sites. They were open in January of 2008 and March of 2008 (both prior to Dale). Stop covering for Morg. I will not stop until Morg and Dale both ‘go away’
I just talked to the sheriff’s office in AL and he asked me to tell everyone to contact Don Yarborough of the FBI. His number is (256)764-3613. The FBI is in touch with the attorney general office. They are reviewing all the info to decide if this is a civil or criminal case. The more people who report to the FBI the better it will be for all of us. Please everyone give him a call.
I think everyone would ease up on the ex-employees if they stepped forward and helped us nail these bleepity, bleep bleeps (Admin will strike me down if I use what I am thinking).
Krista has asked numerous times for one, or more, of the ex employees that stated they would gladly testify, to email her. We are still waiting.
Come on….lets get this show on the road!
I just spoke to Don Yarborough at the FBI field office in AL. The US Atty in that AL jurisdiction determined that since the contracts were executed with the entity in the State of FL, that we need to be in contact with the FBI Field office in Ft Walton Beach(unfortunately the number listed on the FBI website is disconnected). That field office should then be in touch with the US Atty there who will then decide if it is a civil or criminal issue.
Krista, first, how can you blame the sales staff? They may have been unscrupulous in their initial sale, but after that, they had no idea what was going on in the rest of the company.
They could repay the initial “unscrupulous” commissions they received to the franchisees whose money it is. I bet that would go a long way in proving that they are honorable and ethical.
So, Rick & Krista… look for a little something extra in your Christmas card from your scrupulous Cuppy’s Coffee sales rep this year. Now they know what they were involved with, I’m sure they’ll be sending you back any commissions they received.
Second, there were NO liens placed on stores PRIOR to Dale taking over.
Not true. Here’s one, posted right on this site.
From: Mary Patrick: Construction Nightmare 1 (MCSI 3 Months)
“January 19, 2007 – The Patricks received a phone call from Susan Boyd, the owner of MCSI.. She stated that she was stopping work on their building and site work due to monies being owed to her by Elite Manufacturing (Cuppy’s). She said their building was nearly finished, but she would not release it because she needed it for leverage against Elite.”
From: Mary Patrick: Construction Nightmare 2 (5 Months)
“Wednesday, January 31, 2007 –The Patricks received a notification of a mechanic’s lien placed on the property by Ernie Craig due to the failure of MCSI to pay him.”
According to this account, Elite had received disbursements from the SBA backed lender, but had not paid their designated supplier MCSI. MCSI stopped work, and didn’t pay the subcontractor who placed a lien on the property.
Isn’t this the same thing that later happened with SBT not being paid by Elite? This practice appears to go back before SBT… on Morg’s watch.
That would be pre-Dale. But keep trying…
Admin says: “It seems to me that there’s a great amount of effort being put forth to try to create the illusion that these problems all started when Dale took over. In fact, this same pattern predates Cuppy’s itself – going back to Java Jo’z, does it not?”
Absolutely!! I was a Java Joz victim under Morg. He was our “best friend” until he got our $30K. When we asked for the refund he definately wouldn’t take our calls and had Danny Jones do all the bullying. By the way – we too were told by Danny Jones that they were deducting the sales commission from our deposit. Not sure why they thought that WE were paying commissions for them but I guess it didn’t matter when they had no intention of refunding our whole deposit. I can still hear him saying “we have to all share in the pain”. Not sure where their pain was coming from using our life savings to fund oceanfront office space.
This whole thing started with Java Joz and the exact same pattern replicated itself under Cuppy’s. You can change the awning and the letterhead but scam remained.
Carol wrote: This whole thing started with Java Joz and the exact same pattern replicated itself under Cuppy’s. You can change the awning and the letterhead but scam remained.
First, I should say, in fairness, that several ex-employees posted excellent comments here in which they apologized to the franchisees for their part in this and said that they regretted not having seen through this ruse right off the bat. I’m sure there are many who honestly regret having been part of what seemed like a promising organization but, in hindsight, seems like a charade. To those I say: best of luck in future endeavors. Pick your employers wisely.
Others cling to the belief (or at least say they do) that they are as much victims as the franchisees, that this all started with Dale, and that Morg’s reign was a Golden Age of truth and prosperity where stores got built and vendors got paid. In my opinion, this is, delusional thiking and/or a hidden agenda spin.
Carol’s comment prompts an important question: How could any employee who was working at the Fort Walton Beach office claim they thought this was an ethical company when they simply made a name and corporate entity change so they could not repay the Java Jo’z depositers? Families like Carol’s trustingly gave $30K deposits to a group of nice nice people. They returned for their deposit to find all the same nice nice people sitting in the same office, at the same desks, but were told they were “Cuppy’s” not “Java Jo’z” and that their money was given to “Java Jo’z”
Now this may have been legal from a technical standpoint, but employees should have seen the deceptive nature of the organization clearly at that point. In fact, it’s my understanding that employees were claiming “We work for Cuppy’s, not Java Jo’z” on the phony internet blogs at the same time they were getting paychecks printed with “Java Jo’z” drawn from the same account.
Employees: I’m sure Morg gave a great explanation (Snowden’s fault) but didn’t you see what this indicated about the real nature of the company?
just to let all the franchisee’s know whats going on, corporate left ALL the vendor and franchisee information at the FWB office’s, along with all the company checks and accouting information. So if you want your personal file, its all in unit 36 in the financing department, ready for your pickup, along with all the financial statements from every company morg, kim, roy, doug, dale ever touched. I know this for a fact because i was just there because the landlord is liquidating all the stuff they left in the building, which also includes 40-50 BRAND NEW flat screen monitors, computer systems, fax machines, copiers, chairs, tables, supplies, server software. THOUSANDS of dollars in equipment just left there to rot. And yes all your financial information is still laying there in the building. Also in building #3 they had pictures of all the franchisee’s at their grand opening, they took all those pictures and just threw them away in a garbage pile. Yes, they really did care for all of us and they DID NOT INTEND to do ANYTHING once they moved to Alabama.
also they left a TON of monin and ghiradelli products in #3 in coffee college, along with a couple of the mascots (3 total), a ton of posters, a frame signs, smallwares products, more computer products….and more customer information they failed to take to alabama…again NO intentions of ever doing anything more with vendors, suppliers, creditors, banking, franchisee’s, as ALL the information, banking records and CHECKBOOKS were left in Fort Walton Beach.
Does this mean our personal identity information to include bank accounts, social security numbers, application paperwork, etc. is just sitting in a building and that anyone who goes there can have access to it? That’s just great. Why not open us all up to be victims of identity theft along with the Cuppy’s theft we have already been through? We are already facing bankruptcy, must we also have this additional risk? Perhaps the FL FBI should go and collect these items in case they would prove to be useful to them. Did anyone ever get in touch with the FL field office?
correct, EVERYONES files are at the FWB office where finance used to be
BTW, i did pickup my own files, just in case
Does anyone remember the office space cuppy’s had at Lovejoy Road? Where they built the k3b’s before they farmed everything out? Well the official eviction has been filed for that complex…
http://www.clerkofcourts.cc/court/PUBSEARCH.asp?CASE_NUM=2008+CC+003539+S
Guest – any idea how to get in touch with the landlord or the name of the landlord? I would really like to be certain the personal records are at least shredded if not returned.
Also – I have not recieved any response from the FBI HQ Ofc in Jax re: new contact information for the FT Walton Beach field ofc. Good thing this is not an emergency.
For the sake of everyone I hope that there is someone out there that has the responsibility to go to the old offices and shred every piece of information that they can to save not only former employees but franchisees. Even if one of the old employees stepped up to be the “go to” person for the employee’s files that would save over 300 people from being a victim of cruelty. The landlord’s name is Gary and he is in the suite behind 36, the financial building.
Jim can you post the phone number for the FBI in Jax. The more people who call the faster they will get on it.
for what its worth, the servers contained the databases that had the majority of the personal information. they are already in alabama. i will see if i can talk to the landlord to ensure that any paper printouts of personal information in the financial office is shredded. i didn’t work in finance but i will contact steve about where any paperwork like that would be at.
That is terrible news about our personal info. This is just one more nail in the coffin, after all we have been through!
Well I finally got my Coffee House open for business, on Sept. 1st. If it were not for Brian Hayes I would still be fighting the battle of trying to get open. Thank God for Brain. Brian and his guys came in to Las Vegas, drove all the way from Indiana pulling a trailer with all my equipment, pre built cabinets and built out my Coffee House. Brian is a real stand up guy, and delivers everything he promises plus more. When I first met Brian Hayes in Sept. of 2007, I knew then he was the real deal. Since that time Brian and I have become pretty good friends. I trust him completely, and I do not trust a lot of people these days, with everyone trying to take advantage. At one point in this whole mess of things I needed $10,500.00 dollars to continue or I would be dead in the water. Brian went to Cuppy’s and stood up for me, promising I would pay the money back. He delivered the $10,500.00 with no questions asked. Brian Hayes is just sick to see all these franchisee’s loosing their life savings, homes, and soforth because of Dale Neibors and his bad practices with all of our finances. If anyone needs help with their build out, I highly recommend you get a hold of Brian Hayes, and trust him to come through for you. He did for me and others that I have spoken to quite frequently. Please let me know if you need anymore info about Brian Hayes.
Michael Laws
Java Jo’z
Las Vegas, NV.
Dear Sean Kelly, aka: Admin:
The way you continue to defend Dale Nabors? Well, your lack of credibility is really starting to show. Get the facts, Sean. You make the some of the most inane statements, which often begin with “I know that…” Really, Sean Kelly/Admin, you do not know.
Some of us out here really do have most of the facts, but we don’t take the time to participate in your little grudge match or whatever this is. (I just happened to have an extra minute or two.)
Many of us read your blog like a comic book and no offense, Sean/Admin, you do make some absolutely off the wall statements, but I guess that’s just part of the game you play as you skyrocket to fame and fortune with this trashy Franchise Internet Rag.
It’s starting to become crystal clear… You and Dale Nabors are cronies. Blogging Buddies from before, right? You gotta stick up for your buddy, right? Right! Got it!
Wouldn’t shredding the documents be destroying evidence?
Yes, shredding would be destroying evidence, but there are files that are in electronic form as well. Does anyone know if there is a legal way to handle get all information into the proper hands for chain of command, for instance I know that bank and employee files must be kept for a minimum of 5 years
Michael – where did Brian get that $10,500.00 from? His own pocket or Cuppy’s? If it was Cuppy’s, then you got money from someone who sent money to Cuppy’s and most likely did not get built out. I sent money in Sept 2007 so perhaps it was my money? Sounds like a nice guy that Brian.
Brown Betty writes: …I guess that’s just part of the game you play as you skyrocket to fame and fortune with this trashy Franchise Internet Rag.
Yeah, folks, this blogging is the fastest route to riches there is. Except, maybe, taking $40K deposits and delivering nothing. Or getting commissions on $40K deposits stolen from franchisees. Or hanging around this shipwreck, hoping to find a little more flesh to scavenge from the bones of the desperate victims.
Some of us out here really do have most of the facts…
Yes, some do. And some are sharing them, and posting them here under their real names:
http://www.unhappyfranchisee.com/2008/08/cuppys-coffee-overview/
It’s starting to become crystal clear… You and Dale Nabors are cronies.
Brilliant deduction. We get it. I am pals with evil Dale. Everything was great under Morg, who really really cares about you! Brian Hayes is the new savior and he really really cares about you! Got it.
You may go back to the shipwreck, Brown Buzzard, and finish picking the bones of the victims.
RE the Michael Laws comment: Are they opening stores as Java Jo’z again, now?
Medina still owns the Java Jo’z trademark, does it not? So is Michael Laws NOT a franchisee… but a licensee of Java Jo’z? Did he receive a UFOC or FDD?
Michael Laws writes: Brian is a real stand up guy, and delivers everything he promises plus more. When I first met Brian Hayes in Sept. of 2007, I knew then he was the real deal… I trust him completely…
Perhaps those of you with the real facts – and aren’t blinded by your fame, fortune and puppy love for Dale Nabors like I am – can clarify this for me.
Wasn’t Brian Hayes simultaneously President of Elite Manufacturing and an owner of Supreme Building Technologies? Wasn’t he the stand-up guy who was feeding his own company the contracting work, and didn’t he then – as SBT – file a lawsuit against Elite Manufacturing where he was President?
Correct me if I’m wrong (I’m sure some will correct me if I’m right) stand-up guy Brian Hayes was President of Elite AND an owner of SBT, both of which shared the “love shack” of Angola, IN at 1511 Wohlert.
If so, you gotta hand it to him. I haven’t known too many people who have sued themselves. No wonder someone named “Law” would love this BH!
What’s the latest with the Alabama Dream Team?
I heard they still aren’t paid and at least one packed up and moved back to FL
Victim, the Muscle Shoals office is closed. Dale told the team last week that he couldn’t pay. Most have left, some remain working there for free. Yes, that’s right, for free.
As to Admin, Mike Laws refused to convert to a Cuppy’s and remained a Java Jo’z licensee. There were a couple of holdouts. They hated the name Cuppy’s and understood that if they stayed as Java Jo’z they wouldn’t be getting any branding support. Their cups, in-store displays, etc. would need to be blank.
Yes, Brian was both President of Elite and an investor in SBT. When Dale fired him as President, SBT filed the lawsuit. Hmmm, oddly similar timing. Brian was a con man just like Morg. He talked the talk and occasionally, walked the walk. If you ask some franchisees, they love him and love the work that SBT did. Talk to others and they think he’s a crook and does bad work. Just like Morg, some franchisees loved him, and still do.
The difference between Morg/Brian vs. Dale is that Morg/Brian sometimes told the truth to franchisees and kept their word, with Dale everything was a lie.
guest: thanks for the clarification. You mean there’s no Alabama Dream team anymore? What is Dale writing on his Coffee with Dale fireside chats?
Has he given up and retreated to the summer house in Maine? Boy, I AM out of the loop.
Brown Betty: You’re famous now, too
http://www.franchisepick.com/shatner-snubs-jared-let-the-franchise-feud-begin/
[...] the leading trashy franchise Internet rag!) One of my many, many groupies and adoring fans, Brown Betty, wrote: …no offense, Sean/Admin, you do make some absolutely off the wall statements, but I [...]
Brian Hayes is the one that signed my so called contract giving me back my deposit in payments. As with everyone else, I still have not received my money. If Brian Hayes is such a stand up guy, then why doesn’t he stand up and give everyone back what is owed to them. It makes me sick when I see people giving praise to any of these jerks. Don’t get me wrong, if you were able to get your shop open, great. I’m happy for you and wish you luck. The rest of us will continue to file bankruptcy and lose everything we have. Brian Hayes is a worthless crook, just like the rest of them.
It never ceases to amaze me. Of all the cast of characters in this drama, Sean is the one that is being criticized. I think those that are attacking Sean’s character are hitting the drugs a little too heavily, and probably should not be be typing while under the influence.
And once again, I am calling on all those ex-employees that were so excited to give their name and testify, to come forward and email Krista. I am starting to believe these ex-employees were not who they said they were, or have no information to give. I cant think of another reason for them to not do what they say.
Dale took 90,000 of our money and produced nothing. I would sure like to know what Dale did with everybody’s money in which they received no product. We still have to pay the SBA loan for that amount. We would never have been able to get open if it had not been for Brian, who is the owner of Supreme Building. He saved us from disaster!!! Brian was almost financially ruined by Dale also because he was building for Cuppy’s and he was not paid either. Brian suffered more than most in this Dale scam. How can someone like Dale get away with this and not end up in jail for fraud??? Brian was extremely fair in the cost of finishing out store building. Dale is the one who took everybody’s money and produced nothing. We are very interested in finding a way to get our money back from Dale if there is a way to do this without having to come up with another large sum of money to do this in a lawsuit.
It never ceases to amaze me. Of all the cast of characters in this drama, Sean is the one that is being criticized.
After nearly two years following this story, Rick, I continue to be amazed by what this story continues to reveal about human nature, ethics, rationalization, the complete lack of protection for small business investors, and the lack of enforcement from regulatory and law enforcement agencies. Can you believe that this controversy has gone on so long and so publicly without an AG or anyone stepping in to say “Enough’s enough”?
As far as the criticism of me, I find it flattering that it’s so inane and transparent. This is the best they can come up with? I’m buddies with Dale? I secretly work for a “competitor”? Kind of embarrassing, really.
Newcomers need to realize that these are people who are constantly spinning the next fairy tale. To do that, they’ve got to create their own heroes (in this case Morg, or Brian), their own villains (Dale) and they must attempt to discredit their critics (me, other commenters). Sadly, some won’t notice what sharp teeth Grandmother is sporting til it’s too late.
No one needs to take my word for anything. I’m just the court jester in all of this. A number of franchisees like Rick and Krista have had the guts to tell the true story in a factual way. Notice how infrequently people want to refer to their stories:
http://www.unhappyfranchisee.com/2008/08/cuppys-coffee-overview/
FBI office that covers Ft. Walton Beach is 850-609-0106
Robert Chrysler Morgan is referenced in a book by Louis R. Mizell titled: Masters of Deception – The World Wide White Collar Crime Crisis and Ways to Protect Yourself — ISBN 0471133558 / 9780471133551 —
How many Robert CHRYSLER Morgans are there?
If you call the FBI make sure to reference the documents left at FWB offices. It’s my guess that it was Dale’s intention to leave them there knowing full well they would be destroyed. Dale’s way of letting someone else do the dirty work.
Also mention that you think Dale/Morg are flight risks.
…… and any franchisee who is across international borders (Canada/Puerto Rico) REALLY need to call the FBI 850-609-0106. That should get their attention.
To Michael Laws:
I know you faught tooth/nail all the way buddy!!! Cheers to you for being relentless in your pursuit of prosperity.
My hats off to you!
All you franchisors/cronies mad at Sean and us for exposing your tactics should really go and start your own blog. You can call it
http://www.unhappyfranchisorsthatjustwanttoscrewpeopleandmeanolseaniswritingbadthingsaboutus.com
I am about 99.4% sure this has not been registered. Give it a try, and go away.
Brian Hayes never wanted to be the President of Elite. They forced him to take that title. I know I watched them discussing it.
Julie Laws wrote: Dale took 90,000 of our money and produced nothing… Brian was extremely fair in the cost of finishing out store building. Dale is the one who took everybody’s money and produced nothing.
Julie: If you are willing to share your story, please fill out and return the interview questions I emailed Michael. He claims we don’t have the facts… so here’s an opportunity to share your experience. Despite the banter back and forth, the truth is what we’re trying to get at here:
http://www.unhappyfranchisee.com/2008/08/cuppys-coffee-overview/
Athena wrote: Robert Chrysler Morgan is referenced in a book by Louis R. Mizell titled: Masters of Deception…
Have you read it? What does it say? Morg’s middle name is really “Chrysler”?
I would have expected “Bentley” at a minimum.
A Google search for “Robert Chrysler Morgan” reveals the book (copyright 1997) and the excerpt. From the book: “In Arizona, insurance agent Robert Chrysler Morgan was forced to pay $134,000 and surrender his license for defrauding thousands of customers.”
http://books.google.com/books?id=2hrqvjccW5UC&pg=PA139&lpg=PA139&dq=%22Robert+Chrysler+Morgan%22&source=bl&ots=yAGfWv0Jw6&sig=KNRwFVcI5q19LDZZ_54icTDJSOE&hl=en&sa=X&oi=book_result&resnum=1&ct=result#PPA139,M1
“Morgs” full name is Robert Chrysler Morgan.
As for Brian Hayes’ title of “President” of Elite I was told {very recently} by a former employee that Morg tossed titles around like loose pennys.
we got a new one:
http://www.clerkofcourts.cc/court/PUBSEARCH.asp?CASE_NUM=2008+CA+005822+S
Anyone know who TINELA RUSU is and why he/she is suing Elite?
Here are others Elite Lawsuits:
HASSAN BOUQFA
MDA FOOD SERVICES INC Michael Weinstock
DANIEL HARRIS
BRJ INVESTMENTS INC (landlord)
ADVANTAGE LEASING CORPORATION
RICHARD KYLE
TALINE & MINAS HASHOLIAN
TINELA RUSU
This from a search of Robert Morgan:
http://www.clerkofcourts.cc/court/courtsearch.htm
Defendant ROBERT CHRYSLER MORGAN YOB: 1951
Initial Status: Arrest
Arrest Date: 10/13/2008
Initial Charge: DOMESTIC VIOLENCE BATTERY
Bond Type: ROR
10/14/2008 ARREST REPORT FILED
Event: PLEA DAY
Date: 11/12/2008 Time: 1:00 pm
Judge: DAY SHALIMAR, PLEA
Location: COURTROOM “C”
Looks to me like the pressure may be getting to him no? Mr. Nice Nice not so nice.
Well if anyone has any papers they’d like served you know where to find Morg on November 12th.
I have been told that Morg lived and worked in Arizona prior to Slender Lady, Java Jo’z & Cuppy’s, and that he still has family there. I have also been told that he was involved in insurance. Could this be the same Robert Chrysler Morgan featured in the book “Masters of Deception”?
“In Arizona, insurance agent Robert Chrysler Morgan was forced to pay $134,000 and surrender his license for defrauding thousands of customers. Morgan illegally charged 2500 people a $15 fee when they applied for insurance, pocketed hundreds of refunds owed to his customers and charged 841 people $65 apiece for auto-club memberships after telling them the membership was a necessary part of the policy.”
http://books.google.com/books?id=2hrqvjccW5UC&pg=PA139&lpg=PA139&dq=%22Robert+Chrysler+Morgan%22&source=bl&ots=yAGfWv0Jw6&sig=KNRwFVcI5q19LDZZ_54icTDJSOE&hl=en&sa=X&oi=book_result&resnum=1&ct=result#PPA139,M1
Can anyone dispell or confirm that this is the same Robert Morgan?
Does anyone know who stayed in AL?
ADMIN wrote…”Wasn’t Brian Hayes simultaneously President of Elite Manufacturing and an owner of Supreme Building Technologies? Wasn’t he the stand-up guy who was feeding his own company the contracting work, and didn’t he then – as SBT – file a lawsuit against Elite Manufacturing where he was President?” Yes this is correct!
You are correct that Brian was simultaneously President of Elite and an owner of SBT. However, SBT did not file the lawsuit against Elite until Dale fired Brian.
Was Dale and the management of Medina made aware that the President of Elite was also a major owner of the vendor he was sending millions of dollars of work to?
Is anyone familiar with the term “conflict of interest”?
Admin, Dale was NOT aware when he purchased the company that Brian was both President of Elite and an owner of SBT. When Dale became aware of the conflict, he fired Brian as President of Elite, which led to SBT’s suit against Elite.
ADMIN, guest wrote – “guest on October 25th, 2008 1:30 pm Admin, Dale was NOT aware when he purchased the company that Brian was both President of Elite and an owner of SBT. When Dale became aware of the conflict, he fired Brian as President of Elite, which led to SBT’s suit against Elite.”
This is an incorrect statement. Dale Nabors was a consultant for Morg/Medina/Elite for approx 9 months befor he bought the company & YES, he did know that Brian was President of Elite & was 1 of 5 partners in SBT. doug Hibbing is also one of those partners in SBT and he was President of Cuppy’s.
Well, I guess this is the end of an era. The Cuppy’s/Elite/Medina phones have been disconnected. Good luck tracking down the crooks now.
I just called the Medina # that I had and it is still Medina. You can access Amy, Robin, Jessica and Ted. Where do you get your info? The # is 256-389-3445.
I had the 800 numbers. I guess, if it’s on our nickel then you can still call, but they aren’t paying for the calls. BTW, you can’t access them, because they moved back to FL because Dale wasn’t paying them.
Did they all move?
Wrongful death lawsuit will probably be filed against Dale Nabors now. A wonderful man has just died because he didn’t have any money to buy his medication or go to the doctor. Dale let employees insurance drop and he has not payed employees for 2 months. Dale, I hope you’re proud of yourself now. You are the absolute most horrible, gutless, cowardlyest excuse of a human being I’ve ever known.
Guest: To whom are you referring?
That’s a serious accusation to make on a forum like this. To use someone’s personal and family tragedy to further the anti-Dale agenda is a bit low, even for anonymous guests don’t you think?
I dislike Dale as much as the next person, but you can’t blame Dale for that. He could have gone back to Florida like other folks or just found another job in Alabama. No one is forcing these people to stay, that’s why they are “volunteering” for the moment.
Spit out the name of who passed away so the info can be verified or zip it.
For the record, I thought the posting was in bad taste to begin with.
THIS IS A PRIVATE MATTER AND THE INFORMATION SHOULD NOT BE SPLASHED ON THE INTERNET. LET’S HAVE SOME COMMON DECENCY FOLKS
Bill Silvey was the employee that just passed away. Morg had fired him before when he worked with Planet Pop. He had more of an operations background. He came back on board with Dale because he fell for the same line that we all did. I knew he had health problems, but not what kind. He was a very good person.
im sure making this death public is the decency and tact that Mr. Silvery and his family really wanted to have.
i know we hate dale and morg, but come on people, this is an absolute low
From emails I’ve received, it’s clear that Bill Silvey was a very highly regarded and well-liked person who will be missed. The thoughts and prayers of many are with his family and loved ones.
Let’s move on…
Hatred breeds tragedy-may God have mercy on the human race.
Dale wants all the negative blogs to stop. Hey Dale I’ll stop right now just give me my money. This blogging is only the beginning.
I understand that there is some progress. The SBT lawsuit has been settled and all liens will be released. Brian Hayes has begun contacting franchisees offering the assistance of SBT on the buildouts.
What happens to the ones that just want their deposits back? Will they be getting any calls? Probably not. They can’t help the company make any more money to steal, so they will continue to be ignored.
Guest states: ‘The SBT lawsuit has been settled and all liens will be released.’
I imagine that for all of the liens to be released, the subcontractors are going to have to be paid. So, the question now is who had the money in their bank accounts all this time?
I’ve still got to question any person that goes forward with this company. You’re paying $50k+ additional for the build-out of your project. There is no support staff in place to help you in the future. You have to wonder when the next ‘event’ will happen and there will be bad press again.
Take a look at the stores that have been open for a year or more now and find out how they are doing. If they are losing money, it’s best to let it go and forget about the $40k, because you’ll lose $300k if you continue and close in a year.
Does the fact that the SBT lawsuit has been settled help those of us waiting for our refunds? Are we ever going to see that hard earned money we gave to those people returned to us? I can’t even contact them anymore by phone…the number I have is disconnected. Does anyone know of a working number that I can call?
Guest states: ‘Are we ever going to see that hard earned money we gave to those people returned to us?’
Answer: No, because your money has already been spent building someone else’s store. He’s looking forward, and until someone makes him pay it back (lawsuit, Attorney General, etc.) he won’t pay it back.
Now is not the time to contact them via phone, now is the time to talk to an attorney and to get their opinion. But that should’ve been done when you asked for your refund back.
Medina/Elite/Cuppy’s has NO money, so if you’re waiting for a refund, you will NOT be paid. In terms of the lawsuit settled and the liens, the liens were placed by SBT so the settlement of the lawsuit will result in the SBT liens being lifted.
“I imagine that for all of the liens to be released, the subcontractors are going to have to be paid. So, the question now is who had the money in their bank accounts all this time?” The lawsuit is being settled without any money changing hands. SBT will now be able to buildout new stores.
God help anyone who goes through with a build-out, if SBT ever gets to that point.
This company is trouble. dale and anyone who still works for him (is there anyone left?) is/are crooks that will eventually bleed you dry.
You have all been warned through numerous blog entries here. If you go ahead, and get taken (and you will get taken), do not come back to this web site to complain.
So here is your chance to shine Dale. You can get on here and tell everyone that they are going to get there refund back. The stage is set.
I see Martha Merritt is in the Video what part did she have to play in this and did she lose any money?
Folks, you’re not getting your refunds. The company is broke. As for Martha Merritt, she was a franchisee that had a good experience (early on) and agreed to make the video. The video was made 3 years ago. She has NO involvement other than being a franchisee. BTW, if you ask her now, she’s not so happy.
Guest states: ‘The SBT lawsuit has been settled and all liens will be released.’
If this is true, the leins the may be released would be the ones that SBT placed on jobs. The local General Contractors still have not been paid nor will they be paid so those leins will remain.
Guest Wrote: “Does the fact that the SBT lawsuit has been settled help those of us waiting for our refunds? Are we ever going to see that hard earned money we gave to those people returned to us?”
Folks waiting on their refunds or wanting to cancel contract & wanting a refund will not see any money because supposedly, Dale has spent the $1-$2 Million he’s collect under his ownership. You all need to file suit.
Well if people don’t get their refunds they are entitled to I could see Dale doing sometime in jail when the FBI get done with him.
The dismissal of the SBT Lawsuit is a positive because it opens up avenues for moving projects forward and for bringing in outside capital so that the company can move forward.
The survival and success of the company is the key to refunds being made. If the company fails to succeed, there will be no way to make refunds or to support franchisees.
Dale DID NOT collect ANY MONEY and then spend that money for his own personal benefit. All money collected was spent on construction, operating expenses or making refunds. Dale hasn’t made money, he’s lost money. He’s trying to save the company and protect the investment(s) made by himself and the franchisees.
Very few people have any idea of the battles which Dale has taken on — in an effort to save Cuppy’s. It’s easy to critique, when you only have a small bit of information. I do not know everything… but I know enough to know that CUPPY’S will come through this and be stronger than ever!
Cuppy’s has become THE MOST TALKED ABOUT COFFEE COMPANY ON THE PLANET …. and when everything is said and done…. I believe that Dale will use this for the benefit of ALL CUPPY’S FRANCHISEES!
javagals post is laughable;
First, there never should’ve been a lawsuit from SBT. It’s the management of Medina/Cuppy’s/Elite could’ve managed franchisee’s money then all of these invoices should have been paid. The money was drawn from their accounts but was mis-appropriated to the general fund.
The key to refunds was management’s responsibility not to go out and spend more than they actually had. Or maybe it was their responsibility to look at an applicant’s financial situation and determine for themselves whether or not they would qualify for financing. Instead, they took anyone’s money that would give them a deposit.
Cuppy’s will fail and you should realize that. They have proven that they can’t manage this company, and have taken people’s money for their operations that were refundable. They have not paid a former employee $132k based on an employment contract (signed by Morg), or as he even stated sat down and negotiated said settlement.
So, if Cuppy’s is the most talked about coffee company on the planet, then how come there are 2 articles on Google news under than name? Also, all of the press is negative, there isn’t any thing positive said about the company.
Give it time, Cuppy’s/Medina et al will be in bankruptcy.
Your right, very few people know the “battles’ that Dale has taken on. His failure to communicate is the reason for that, so you won’t get much sympathy from us.
Does he care about the battles that all the people owed money are facing? Has Mr Nabors lost his home? Has Mr Nabors filed banruptcy? Does Mr Nabors have enough money to pay his bills? Does Mr Nabors or Mr Morgan care what they have done to these people? I highly doubt it.
How did he pick and choose the ones worthy enough to get their so called refunds? Are the others going to receive theirs? Probably not
They knew that people were putting their homes at risk, borrowing money, or cashing in on their life savings to start a business. They didn’t care. All they cared about was taking what they could get. Telling lies. Making them believe everything was great.
They didn’t care who they took the money from. War veterans, disabled people, seniors, whomever, it didn’t matter. They only wanted the money. These people are hurting and Dale Nabors has no problem with that.
You want us to feel sorry for Dale? If he is such a stand up guy, trying to make things right, are they going to hear from him?
Come on Mr Nabors. Pick up the phone. Call these people. Tell them your sorry. Tell them that you are doing everything possible to get them their money. Tell them you will communicate with them. Right…….when hell freezes over.
JavaGal wrote: Dale DID NOT collect ANY MONEY and then spend that money for his own personal benefit. All money collected was spent on construction, operating expenses or making refunds.
First, there was Java Jo’z, a Snowden/Morgan production.
Then there was Cuppy’s Coffee, a Morg Morgan production.
Then there was Cuppy’s II: Believe & Succeed, a Dale Nabors production.
What do they all have in common? They all had lots of money entrusted to them. None of them used the funds strictly for their intended purposes.
It is hardly noble to use money given to you as a refundable deposit to pay someone else’s construction costs.
It’s hardly noble (or legal) to use someone else’s construction funds to move offices, or pay legal bills, or pay for an office move.
Dale hasn’t made money, he’s lost money.
One more for the “hardly noble” file.
Very few people have any idea of the battles which Dale has taken on — in an effort to save Cuppy’s. It’s easy to critique, when you only have a small bit of information.
True and true. Please share some of these battles so that all can better understand. Many of us don’t have access to “Coffee Talk with Dale” so we remain somewhat in the dark.
Cuppy’s has become THE MOST TALKED ABOUT COFFEE COMPANY ON THE PLANET….
It’s true that Cuppy’s is widely discussed. However, most of the discussion has been confined to http://www.unhappyfranchisee.com, http://www.franchisepick.com, blue mau mau, and the conference rooms of litigation and bankruptcy attorneys nationwide.
Is Cuppy’s truly a coffee company? What is their total sales, systemwide, of coffee year-to-date? How about all-time? What is the franchisor’s income from coffee sales and royalties on coffee sales?
Now, compare that to the amount of money that they’ve brought in (directly or through Elite, etc.) via deposits, construction funds, franchise fees, etc.?
To be a coffee company, shouldn’t you actually derive income from, say, the sale of coffee?
…and when everything is said and done…. I believe that Dale will use this for the benefit of ALL CUPPY’S FRANCHISEES!
I’m sure if there are any franchisees still around “when everything is said and done,” they’ll build a monument to him in what was the former parking lot of the Muscle Shoals Piggly Wiggly, but by then would be the FranSynergy World Headquarters… located at the corner of Believe Blvd. & Succeed St..
Amy writes “The dismissal of the SBT Lawsuit is a positive because it opens up avenues for moving projects forward”:
Again, just to reiterate, anyone foolish enough to seek, or continue, a project with SBT/Medina/Cuppy’s, get what they deserve. Please do not allow them to take more of your hard earned money for their personal gain. Take any capital you have left and open as an independent. Forget these con artists. Even if you are lucky enough to get built out, they will not be there for you in the future. They have no foundation, no employees, no morals.
For those waiting to open, run away as fast as you can. For those of us still owed refunds, keep up the heat. Do not allow Dale and Amy to continue playing their games with people’s lives. Do not take their renewed promises of building your stores. It will not happen.
Okay let me fill everybody in on what is going on-I have contacted an SBA investigator and given him the names of the banks that have disbursed the funds illegally. I have given him the names of the people that had control of where the money was spent [Dale/Morg/Brian ] and given him the names of the people that knew where the money was going [Frankie/Amy]. I have contacted the FBI and told him of the tactics used to get the initial downpayment from people.
I have given them sworn testimony that Dale has committed fraud regarding the disbursements from the bank. Dale told all of the employees that all subcontractors would be paid which we in turn told the banks so they would release the funds.This is fraud-cut and dry!!The people waiting on their refunds NEED to contact the FBI. Fraud was committed when you were told you would get financing when in fact a lot of you did not have a chance. Morg had the finance people tell you this so he could get your money. If you don’t call the FBI then there’s nothing else that can be done.
As for all you people that had SBA loans you NEED to contact your banks and refuse to pay your loan payments until an investigation is launched against Dale/Brian/Cuppy’s/SBT. The banks were not supposed to release funds to these people until they verified that said work had been performed. The banks disbursed anyway. They should be held liable. There is one ex-employee from the finance dept [Steve] that is cooperating with the investigations and he is also talking to some of the lawyers of the franchisees. He told me that he would be willing to talk to any of the lawyers that wish to contact him regarding any of the issues above. His e-mail address is [Del].
[Note: Have Steve contact me at unhappyfranchisee[at]gmail.com if he wants to give permission to have his email address given out. Anyone who wants it, email me at the same addy]
It’s easy to get deluded into thinking that when you are looking at something day in and day out that the rest of the world is looking at the same thing. Over the years, I’ve worked with many many companies who thought they had a devoted following and name recognition, despite the market research indicating their customers thought of them as “The pizza place in the food court” or the coffee place near the train station.
Only insiders are talking about Cuppy’s… and that’s been a negative. The rest of the coffee-buying public doesn’t give a rat’s behind. In my opinion, the “Cuppy’s” brand is not a reason to stick with these guys or entrust them or their associates with any more money.
Plus, many like to think of their coffee shops as unique locally owned establishments. I’d bend over backward to keep the identity if it were Starbucks or even Caribou Coffee, but certainly wouldn’t bend over (or get bent over, as it were) to have Cuppy’s Coffee or that bizarre Cuphead dude on my sign.
Regarding the Ex-Employee post 10/31 @ 3:07 p.m. — Could you please provide the specific FBI office phone number and or contact name if available that we should call? We want to make sure we call the appropriate venue.
Thanks.
On a positive note, SBT lost their tax abatement because the entity had ceased operations. That was earlier this month.
On a negative note, guess that means that they are going to increase the cost on the franchisee’s build-outs to cover those costs too.
Also, you can’t lead me to believe that Dale didn’t know what was happening. he made a post on BMM last March when the new stories of Cuppy’s franchisees getting screwed came out. He knew there was a liability there. He knew by taking over this company he’d have rent to pay in Florida (which he didn’t do). He should’ve known about the outstanding debt to SBT, and if he didn’t should’ve had a contigency in any sales agreement to cover those expenses.
Has anyone contacted Funding Solutions to get a look at the profit projections, etc that they supplied to the banks in order to get funding. If these are fraudulant and inflated, could they be held liable?
Could you please provide the specific FBI office phone number to where we need to direct our complaints???
Javagal wrote on Oct 31… “Dale DID NOT collect ANY MONEY and then spend that money for his own personal benefit. All money collected was spent on construction, operating expenses or making refunds.”
This is a total LIE!!! Dale did collect money under his ownership. I’m an exemployee that heard Dale tell several franchisees that if they would send in more money he would get them their equipment, furniture, etc… the franchisees sent in their additional money & they are still not open nor have they received any of the above items.
JavaGal is still trying to protect Dale. It must be Amy Hiller.
JavaGal also wrote this… “but I know enough to know that CUPPY’S will come through this and be stronger than ever!”
FALSE Again!!! The Cuppy’s name has such a bad tast in peoples mouth that only an idiot would still open a coffee cafe & use that name.
JavaGal also wrote… “Cuppy’s has become THE MOST TALKED ABOUT COFFEE COMPANY ON THE PLANET …. ”
Yes it has been very popular topic but NOT for the good.
JavaGal wrote: “Dale DID NOT collect ANY MONEY and then spend that money for his own personal benefit. All money collected was spent on construction, operating expenses or making refunds.”
This is a total lie!!! Dale did collect money and he did not pay any refunds. If everyone remembers… Dale instructed the legal department to send an email letter to all the zees that were in refund telling them about delays and had legal department sign T. St.Clair’s name as if she wrote the letter. Which she did not. Do Dale has collected money and NOT sent equipment,etc nor has he paid employees nor has he paid refunds. So he does have money hid somewhere.
He doesn’t have money hidden somewhere. He stopped all franchise sales and had a few franchisees send in some money. Where do you think the rest of the money came from to pay salaries from May to August, the rent for the ridiculous beachfront offices, etc. When Morg left the company was broke. Dale didn’t fire that many people until August. Again, where did the operating money come from? He spent his last dime moving the company to Alabama. There is NO money to pay refunds or employees.
So no one pays royalties anymore? Even if they are not making money, last time I checked each opened franchise owed at least 300.00 per month. If any one decided they do not want to pay those fees then they are in as much default as Cuppys.
Sure… then if that’s REALLY true (which I doubt) then Dale & Morg can pay restitution & spend time in prison for fraud. They both DID take money & DID NOT put the money toward the projects that it was suppost to go to. And don’t forget that both men, if you can call them men, have several lawsuits against them.
Is someone heading up a class action lawsuit on all of this? If so, how can we get the attorneys name.
last time I checked each opened franchise owed at least 300.00 per month. If any one decided they do not want to pay those fees then they are in as much default as Cuppys.
Someone had posted that Cuppy’s Coffee had never collected or charged royalties… or even has the systems set up to collect royalties. Is this not true?
Clearly stated in the franchise agreement after 4 months in service, you will begin to pay a monthly minimum of $300.00 for a cafe or $200.00 for a drive up unit. Section B8 5.02 outlines this.The proclaimed 1%… later eventually stated 2% , national marketing fee was the one that never got ramped up. In my opinion if one did not or is not paying the monthly fee, then they unfortunately are in default of the franchise agreement. Section 5.03 explains the ramifications of that manuever. Regardless, everyone who keeps spouting there are no assets is wrong, There is money coming in (or money that is owed) and that is the money I expect my over 100K disbursed loss to be refunded with. FYI, Fraud is not covered under bankruptcty.
They could not very well hold you in default of your franchise agreement if there is no where to send your royalty check. There is no corporate office to send it to. Not to mention if they owe you money, they are in as much default as you would be. I doubt any arbitrator or court would hold you liable.
Richard, I’m no bankruptcy expert, but if these royalties haven’t been paid, but are technically owed, I would imagine that the bankruptcy trustee would consider these assets to the company and will try to collect those royalties.
With that being said, if you’ve been open a year and no royalties have been collected, you may want to take that into consideration and think of that when you are looking at your finances going forward.
Admin wrote: “Someone had posted that Cuppy’s Coffee had never collected or charged royalies… or even has the systems set up to collect royalties. Is this not true?”
Yes, this is true. the first + year Cuppy’s was selling franchises, part of a promotion from Elite is that NO franchisee fee is paid by zee & NO royalties were to be paid by zee.
Pay royalties? ……………. ROFLMAO! Cuppys/Elite breached contract, lease was negotiated based on Elite build-out timeline ……….. which never happened. Cuppys/Elite owe us our build out money back + damages ………………. @ $300.00/month ………….. it will be a L-O-N-G time before royalties are owed if ever! Want your royalties ……………….. SUE ME! Oh, sorry can’t do that since you don’t have an attorney.
If you’ve check the Okaloosa County website recently you’d see that default judgements are starting to be placed against the entities. It’s my understanding that Dale will not be defending the Medina/Elite lawsuits because he has no money to hire an attorney. Folks better start getting in line because the default judgements will be piling up and there isn’t much furniture left to sell off in Alabama.
It looks as if Robert Morgans Domestic Battery charge was dismissed today. Per the Okaloosa Clerk of Court website.
Turns out it was a nothing charge. He got into a confrontation with his teenage son.
Maybe he caught his son returning something that didn’t belong to him.
I’d imagine that would be inexcusable in the Morgan household.
The older brother of teenager refiled domestic violence charges against Morg Morgan. This is the children of his wife who is still with Morg. Not only is she still by his side after his failures in business but his scams in the insurance business, fitness business & coffee business… now he’s beating up on HER children and she is still with him. NUTS
…she is still with him. NUTS
Maybe she’s still hoping to get her $39,500 refundable dowry returned.
Maybe Dale Nabors should step in and fix these domestic problems.
Maybe there should be a new reality show: Keeping Up With the Morg-ashians.
Like Dog the Bounty Hunter except no one ever gets brought to justice.
Yep. Another episode of Keeping Up with The Morg-ashians. This week’s episode includes the reintroduction of young maverick lawyer Rudolf Harper, a principled young man dedicated to keeping Morg Morgan out of court so that he may continue his good works on behalf of humanity and the American Way.
Kind of like Mother Theresa if Mother Theresa had been dedicated to creating, not helping, the poor.
In this week’s episode, the initial case against the Morg was dropped, but charges were refiled. Search Robert Morgan here: http://www.clerkofcourts.cc/court/courtsearch.htm and you’ll see these two suits and the San Gelato one too.
ROBERT CHRYSLER MORGAN YOB: 1951 Attorney: RUDOLF HARPER
Arrest Date: 10/13/2008
Initial Charge: DOMESTIC VIOLENCE BATTERY
11/12/2008 NOTICE OF APPEARANCE, DEMAND FOR DISCOVERY AND PLEA OF NOT GUILTY FILED BY ATTORNEY Attorney: HARPER, RUDOLF (0044102)
11/12/2008 JUDGE PRE-TRIAL SET Event: JUDGE PRETRIAL Date: 01/15/2009 Time: 9:00 am Judge: MANEY, T PATTERSON Location: COURTROOM “C”
Don’t miss the Keeping Up With the Morgashians Christmas Special.
Will the Morgan boys like the countersuits in their stockings?
Will Morg’s restraining order be the right color?
Is that Dale Nabors in the Santa Suit?
Will Uncle Roy be home for the holidays?
You’ll have to tune in to see.
LOL All sounds like a Jerry Springer show.
ADMIN you to FUNNY………………
im glad to know Morg trusts his life to a brand new attorney with no criminal law experience. I hope Rudy reads the Florida Rules of Criminal Procedure at least. Also, according the to the Florida Bar website, Rudy is working from his house, and doesnt have a # or email listed on his records. However, if anyone wanted to know that info, you can also do a public records request with the Clerk of Court because he is required to list his phone number on the pleadings he filed.
Rudy is a smart cookie. I’m sure he’ll suggest, among other things, that Morg be required to go to “Anger Management” meetings. But of course, Morg would just sweet talk his way through them.
okaloosa county requires a hell of a lot more than just anger management for DOMV charges…..
Rudy is a smart cookie.
Evidently not smart enough to distance himself from shady associates.
Why would a smart cookies start a law career representing a client featured in a book called “Masters of Deception,” …after he personally witnessed countless people losing millions of dollars?
Then again… he’ll always be kept busy, won’t he?
ADMIN… the difference now would probably be that Morg has to do what attorney advises him to do.
I doubt Morg follows his attorney’s advice too often, unless he’s found an attorney who advises: “My advice is to take a lot of money from people… tell them they’re ‘refundable deposits’… tell’m if they don’t get their funding or find a location, they’ll get it back right away! We’re the Cuppy’s family! Like those people in the Olive Garden commercial!
“Escrow? Nah… spend the money as soon as they give it to you on other stuff. Let the caring employees jerk’m around for 6 or 8 months then tell’m you got no money! Have’m sign a gag order to get their money back… make two lil payments to show good faith, then stop. You can always ‘sell the assets not the liabilities’ (The ol’ Snowden Snow-job) or dump the whole thing and blame the next rube (the ol’ Bail Nabors).
“Don’t worry… as long as you still got some coin your old employees and associates will always be willing to work with you again.”
Here’s what I propose for franchisees and depositers:
Post your Cuppy’s Coffee or Java Jo’z story here, factually and in interview form.
http://www.unhappyfranchisee.com/2008/08/cuppys-coffee-overview/
We’ve got 8 posted and one coming soon.
Once there are at least ten, we start a serious email campaign to get some attention brought to bear on this situation.
Just because you might not get your money back doesn’t mean you’ve got to go away quietly. At least get your story told so they don’t get away with this all together.
Franchisees & Depositers: If interested, email unhappyfranchisee[at]gmail.com for the interview questionaire.
As Guest has said, it’s unlikely there’s much money to be had, but at least you’ll have had the guts to do what they don’t count on: victims demanding to be heard.