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CUPPY’S COFFEE: Lawsuits Mounting Against Medina, Elite

 

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.

135 thoughts on “CUPPY’S COFFEE: Lawsuits Mounting Against Medina, Elite

  • Athena

    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.

  • Athena

    …… 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.

  • Athena

    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!

  • Guess Who2

    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

  • Athena

    “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.

  • 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.

  • Athena

    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?

  • Bailey Baker

    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!

  • guest

    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.

  • ADMIN

    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.

  • Bailey Baker

    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.

  • guest

    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.

  • Bailey Baker

    Did they all move?

  • Guest

    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.

  • Athena

    Spit out the name of who passed away so the info can be verified or zip it.

  • Athena

    For the record, I thought the posting was in bad taste to begin with.

  • guest

    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…

  • guest

    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.

  • guest

    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.

  • Guest

    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.

  • guest

    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.

  • Rick Noem

    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

    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

    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.

  • JavaGal

    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.

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