LATHROP AND GAGE: Lighten Up & Enjoy Your Lucre (Part 2)

Dear Lathrop and Gage: Lighten up & enjoy your lucre before you make yourself look any sillier.  Regards, Unhappy Franchisee

In the post, LATHROP AND GAGE: Lighten Up & Enjoy Your Lucre (Part 1), we stated how the silly it is that Lathrop and Gage (a law firm with 280 attorneys and $138M in yearly revenue) is claiming that their adversary Fortman Law (a law firm with 1 attorney and 1 paralegal) is unfairly tipping the scales of legal justice in favor of Fortman’s clients (lower-income individuals who paid for janitorial cleaning contracts they never received).

Lathrop and Gage has filed a Defendant Motion for Sanctions and a Defendants Motion for Protective Order (on behalf of their clients) against Fortman, their opposing counsel in the case of Markeeta Rivera, et al., Plaintiffs, vs. (alleged sleazedog scammers) Simpatico, Inc., Stratus Franchising, LLC, et al., Defendants.

Reason #2 Lathrop & Gage Should Lighten Up & Enjoy the Lucre: They Look Silly

White, upper-class attorneys of a mega-law firm who bill at $500 (or so) an hour claiming that their millionaire clients aren’t getting a fair shake in the American legal system?

That’s the stuff of Saturday Night Live parody.

In their motions, Lathrop & Gage seems to be claiming that they are being put at a legal disadvantage because Jonathan Fortman, many of whose clients in the suit are Hispanic, Bosnian or African-American janitorial workers, publicly expressed his opinion that Lathrop & Gage attorneys are using stall and delay tactics on behalf of their greedy, con-men clients.

In our opinion, Lathrop & Gage attorneys should just lighten up and enjoy their lucre, since nothing sounds sillier than overpaid white guys claiming they’re not getting a fair shake.

Reason #3 Lathrop & Gage Should Lighten Up & Enjoy the Lucre: They Look Sloppy & Inept

Lathrop and Gage attorneys expressed outrage that Fortman publicly described their advocacy as “ridiculous,” “lame,” “ill-advised,” and “all about the delay.”

Yet, in their motions for sanctions and a protective order, Lathrop and Gage attorneys seem dead-set on demonstrating that they are ridiculous, lame, ill-advised and all about the delay.

Example #1:  Counting to six.

In the Defendant Motion for Sanctions, Lathrop and Gage attorneys wrote:

5.  Although Plaintiffs’ counsel makes reference to six different subpoenas being served (Counsel represents subpoenas were served on Dennis Jarrett, Bob Stapleton, Marisa Lather, Farrell and Blair), Plaintiff’s counsel did not serve a single notice, either informal or formal, of these subpoenas being served.

I’m not a highly paid attorney, nor a mathematician, but I’m pretty sure that adds up to five, not six, different subpoenas (Jarret – 1, Stapleton – 2, Lather – 3, Farrell – 4, Blair – 5).  Or does Lathrop and Gage have their own creative math system?

Granted, such creative accounting could come in handy when creating client invoices.

Example #2:  Major factual error

Four Lathrop and Gage attorneys (Scott J. Dickenson, Mathew A. Jacober, John D. Ryan, Emily E. Kiser – referred to collectively as the “poodles” in the discussion at STRATUS Franchise: Are Stratus Master Franchisees Jumping Ship?) are listed on the Defendant Motion for Sanctions.

The motion asserts that Jon Fortman publicly posting information and opinion on “his” blog, UnhappyFranchisee.com [emphasis ours]:

“8. …Mr. Fortman States in his blog…”

“12. What makes Mr. Fortman’s conduct more abhorring is his willingness to post his actions on his self-serving blog…”

With 280 attorneys and an army of paralegals and secretaries, could no one at Lathrop and Gage alert them to the fact that UnhappyFranchisee.com is NOT Jon Fortman’s blog?

Jon Fortman has no ownership nor editorial control over this website whatsoever.

The poodles, it seems, had an accident.

Example #3:  Lame attempt at turning the judge against Fortman

In the poodles’ Motion for Protective Order, the crack Lathrop and Gage legal team assert that the most egregious professional sin of Jon Fortman is that he voiced “his opinion of the Judge presiding over this litigation.”

Uh-oh!  What terrible, disparaging statement did Fortman make about the Judge?

Here’s Fortman’s shocking statement:  “…I have appeared before the judge assigned to this case many times.  She is not going to tolerate any tactics used for the sole purpose of delay…”

That’s it?  The statement that the poodle’s characterize as “most shocking” is, in fact, a compliment by Jonathan Fortman that she’s a no-nonsense judge who will not tolerate delay tactics and other nonsense?

Seriously, such frivolous poodlery and shoddy legal work almost make me feel sorry for Defendants Dennis Jarrett and Pete Frese.

If I were them, I would check the hours billed for the Motion for Sanctions and Motion for Protective Order very carefully.

I would also assign someone to check the math on every Lathrop and Gage invoice.

Judging from the Motion for Sanctions, this is a law firm that believes 1+1+1+1+1 = 6.

And Stratus Franchising, LLC and their gang should keep their legal costs under control so they’ll be able to pay out the inevitable settlements that will (hopefully) be due to the victims whose savings they took.

Read more here:  Janitorial / Commercial Cleaning Franchise Issues

ARE YOU FAMILIAR WITH LATHROP AND GAGE?  OR THE STRATUS BUILDING SOLUTIONS FRANCHISE?  SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

Disclaimer:  The assertions and personal characterizations in this post are personal opinions and should be interpreted as such.  They are opinions – Witty, bold & insightful opinions – not statements of fact. In fact, we could be wrong about everything ;)

unhappyzee

View Comments

  • @Viewers: Let me ask you a question......

    How many of you knew about the Lawsuit Filed by Lincoln Baker against Mark/Jayson Bashforth where he accuses them of Fraud, Fraudulent Inducement, Entrapment and Embezzlement?

    How many of you knew about the Texas AG's office looking into Mark Bashforth's Houston Operation?

    How many of you knew about the Texas AG's office looking into other Stratus Master Franchises?

    How many of you knew about a LARGE STATE Master filing an intent to Sue against Mark/Jayson Bashforth AND Stratus Franchising and that Dennis Jarrett was in fact given notice/letter?

    How many of you knew about the Tom Weiss and John Coleman SAGA where both of them accused one another of Embezzlement?

    How many of you knew about Stratus Franchising Int'l being Dissolved?

    How many of you knew about the Tax Lien on "Affiliated Services"?

    How many of you knew that the "St. Louis Branch" had moved?

    How many of you knew about the recent LOSS in court that happened to Dan Doyle and Stratus Franchising?

    How many of you knew that Channen Smith was paying less in Royalties (%) wise than you?

    How many of you knew that Mark Bashforth had LEFT Stratus Franchising and had a full-time employment opportunity?

    How many of you knew that Mark/Jayson Bashforth were attempting to sell previously owned Master Territories for ridiculous rates with full knowledge and approval of Dennis Jarrett and Pete Frese?

    How many of you knew that Lathrop and Gage had been asked to bring in a BK attorney on purpose?

    How many of you knew that Matt Jacober was a "White Collar Crime Specialist"?

    How many of you knew about the Lawsuits filed by Julio Alvarez (Miami) and by Jon White (Oregon) against Stratus Franchising?

    And the List goes on and on and on!!!!!!!!!

    Question? Why didn't you know? Why didn't your SUPPOSED partners DJ and Pete tell YOU?

  • @Viewers, It was certainly a bad day yesterday for DJ and Pete on multiple fronts.....To which I say, AWWWWWWWW! To Bad, So Sad!!!!!!

    First, they learned that Good Ole Reasoned Source has more of an understanding of what is going on in their remaining SHAMBLES of Company then they do.

    Second, they learned that the Texas AG's office is expanding their review of not only Mark/Jason Bashforth, but is now looking and wanting information about Stratus Franchising, LLC. directly.

    Third, they learned that there is NO WAY they can survive as a Corporation with the amount of defections and lack of revenue now coming in because of Reasoned Source and others efforts to STOP the Royalty Payments.

    Finally, they are about to get some very interesting documents from at least two different sources outlining potentially legal charges of Perjury, Obstruction, Sanctions on Attorney's etc......

    Well, remaining Masters, You now know, that REASONED SOURCE has more of handle on what is going on within Stratus than YOU, than DJ, than PETE and even good ole "DD" and Matt Jacober aka "Poodles"!

  • @Viewers, Looks like Lathrop and Gage may get some more business in the near term from Stratus Franchising, LLC and Pete Frese and Dennis Jarrett after all...As has been reported earlier by me, the Texas AG's office is now in possession of an "intent to sue" both Mark Bashforth and Stratus Franchising, LLC.

    It outlines the Fraud, Fraudulent Inducement, False Performa, False FDD and other aspects in which this former Master is now asking for nearly 11 million dollars in damages, lost business, lost monies etc...

    It also outlines and finds that Stratus Franchising, LLC. did not file the proper paperwork with the State of Texas in order to SELL the Master Licenses that it sold to Mark/Jayson Bashforth and others including the former Master Tom Mosley! In total, there were four (4) Master Licenses sold by either Stratus Franchising, LLC and/or Mark Bashforth in the State of Texas illegally!

    Poor old DJ, Pete, Marvin Ashton, Bill Blair, David Farrell.....Looks like more legal fun for you all as individuals coming to a courtroom not so near you soon!

    "God I Love the Smell of Napalm in the Morning!"........

  • @Viewers: Breaking News!!!!!! Reasoned Source has confirmed from at least two sources the following information:

    1) An attorney that formally represented one of the "Pro2FS" former Stratus Master Franchises in NY, CT, GA, FL respectfully found/discovered a "Fatal Flaw" in regards to the applications filled out by Stratus Franchising, LLC and additional supporting and in one case on going documents required by the State in order to Sell the Master License in the First Place!!!!!! This was one of the primary reasons utilized by the "Pro2FS" former Stratus Masters in those above listed states to "Break Away" from Stratus Franchising, LLC.

    2) It appears that this "fatal flaw" is so dramatic that he noted that ALL States that he had personally checked which included the States of North Carolina, South Carolina, Kentucky and Ohio would become "Null and Void" as well, putting both the current Master Licensee in an issue with the respective State Authorities and of course Stratus Franchising, LLC.

    Seems to me, continuing problems for Stratus Franchising are just around the corner!

    Will keep you posted as I read the documents supplied to me further!

  • BREAKING NEWS!!!!!! After additional conversations that took place yesterday, I now have a better understanding in regards to the "fatal flaw" previously discussed and now have confirmation that the "Poodles" of Lathrop and Gage knew about this "Fatal Flaw" and convinced Pete Frese and Dennis Jarrett to "settle" with the current Pro2FS members in NY, CT, GA and Florida ALL former Masters in order to attempt to keep this quiet!

    Fatal Flaw is essentially two steps and it actually was discovered from a little known case involving a Master License that was "Sold" but not started in effect, in the Commonwealth of Virginia! (more on that later).

    1st Step: The affidavit that was required/signed by Pete Frese and/or Dennis Jarrett has basic wording in regards to accurate information provided and "under the penalty of perjury". Obviously, these two would lie/take/cheat/steal from anyone including family members, but look at 2nd Step.......

    2nd Step: The FDD provided by Stratus Franchising, LLC. contained the following Actual Flaws and on purpose, with full knowledge, withheld vital information:

    a) Did not describe the relationship between Pete Frese, Jan-Pro, Simpatico in direct relation to Stratus Franchising, LLC.

    b) Did not describe the relationship between Dennis Jarrett, Stratus Franchising and Jarrett Realty

    c) Did not describe the relationship between Pete Frese, Simpatico, Dennis Jarrett, Affiliated Services and Stratus Franchising

    d) Did not describe the open/closed Masters formally in Nevada, New Mexico and Minnesota

    e) Did not disclose the Lawsuit in Virginia in which the actual Commonwealth of Virginia was "party too" against Stratus Franchising, LLC., Dennis Jarrett and Pete Frese.

    In "legal terms", it goes from the "fruit of the poison tree" aspect. The document that was submitted as proof/proper to the Secretary of State, Attorney General or other "governing authority" in various states was Flawed, the Affidavit signed by the Principal (s) was knowingly false/flawed, therefore the Master License is considered "Null and Void"!!!!!!!

    More news coming on this front as Reasoned Source has been promised the actual verifying documents coming soon!

  • @Viewers: More news coming soon as the "proof" is continuing to come in from a multitude of reliable sources......It now appears, that if you are currently operating a Master License in the following states, that you will possibly have legal issues in those states IF an attorney starts digging and representing YOUR unit franchises in any form of a lawsuit and YOU could actually become the "fall guy" in addition too or even versus Stratus Franchising:

    New York
    New Jersey
    CT
    South Carolina
    North Carolina
    Ohio

    These states were "checked" by an attorney that at one-time represented one of the Pro2FS Masters......Their findings were outlined in the nearly 23 page document sent to Stratus Franchising, Pete Frese, Dennis Jarrett over 1 Year ago and that document was the foundation for the Separation Agreement between Ken Cassiri, Craig Donovan, Jeff Aibel and others in the Pro2FS "family" and Stratus Franchising, LLC.

    This is based solely on the "flawed document" aspect of the original filing done by Stratus Franchising, LLC. in order for them to rightfully/legally sell YOU the master license!

    Again, current Masters, don't take good ole Reasoned Source's word for it, though I have NEVER LIED unlike Dennis Jarrett, Pete Frese, Marvin Ashton, Bill Blair, Bob (stinky) Stapleton or David Farrell has to you! Simply have your attorney review this post and check with your State!

    IF you had any doubt that this is truly the beginning of the end for Stratus Franchising LLC., Dennis Jarrett, Pete Frese, Marvin Ashton, Bob (stinky) Stapleton, DOUBT NO MORE!!!!!

    Reasoned Source is Relentless in his pursuit of getting Stratus Franchising and the above listed individuals into Bankruptcy Court without further harm coming to others......Once in Bankruptcy where the rules are vastly different, THEY will put the finishing touches including potential criminal filings and actions under the guidelines/direction of a Federal Trustee!

  • @Viewers in another "aint that just special moment"........

    Mark Bashforth called another Master recently and quite literally made the following comment: "Please don't sue me", "I am a victim of this situation", "I was fed a line of bull from DJ and Pete just like you", "I'm trying to do the right thing by turning over emails and documents to the Texas AG", "I'm leaving Stratus at the end of the month", "I don't have anymore money to give anyone"!

    Now, I have fully documented the "reign of terror" that Mark and Jayson Bashforth have committed in States such as Texas, California and LA. I am now in contact with his "former partner" in the failed Panama Business and Telemarketing Room. Reports suggest that Mark and Jayson Bashforth with full knowledge of Dennis Jarrett and Pete Frese completely screwed over dozens of people both as Unit Franchisees and Area Developer. Per this person, He/They also didn't pay the workers at the Telemarketing Center for the final month of Wages!!!!!!!!

    Through it all, through all the turmoil, through all the lies, through all the threats, through all of the cons, through all mis-statements, through all of the pain, through all of the suffering caused by these two men (DJ and Pete) here lies good ole Matt Jacober and Dan Doyle and more importantly their Law Firm which both are highly touted partners in Lathrop and Gage.

    Now there is something wrong in the legal system in my opinion when firms such as Lathrop and Gage technically become part of the problem vs. the solution. Don't get me wrong, even Crooks, Liars, Thieves, Destroyer of Families like DJ and Pete are afforded legal representation as they should be....But what does it say about he Firm that choses to represent them when they are at least partially to blame for additional innocent people getting hurt by these two? I am sure, they are getting their money, I am sure that they don't care about the unit franchisees that have been harmed, I am also sure that they don't care about the Masters and their families that have been harmed....EVERYONE is responsible for their own choices including WHO they represent.....

    In closing, My new Best Friend, Channen Smith has a company known as Channen Companies, LLC. The offices for this company are located in Lafayette, Colorado. It is a beautiful office, it looks like a McMansion worth several million dollars!!!!!! Now, it isn't quite as nice as DJ's current abode, but certainly equal too or greater than Pete Frese's former abode as reported earlier......Again, I am a Capitalist without a doubt, I don't doubt the right for anyone to make any amount of money legally that they can/should/aspire too etc....But when those monies come off the backs of hard working, retirement savings, college savings etc...Well, I kinda of have an issue with that....Good thing is, there is plenty of assets to be had for an attorney to go after.......

    Keeping you up to date as always!

  • @Viewers......One of the many things that I love about reporting on Stratus Franchising and the wonderful people in it, is simply the fact that they think they are simply smarter than everyone else.....That's called Arrogance at its Finest! So, I decided to start doing just a little digging on POOR OLE MARK BASHFORTH AND HIS BROTHER JAYSON!!!!!!!

    Since Mark has proclaimed LOUD AND CLEAR, that he is a VICTIM TOO and BROKE, maybe he could explain the following:

    1) Sold a home in Caty, Texas approx. 1 year ago for 1.1 MILLION Dollars....Mark, Where's the Money?

    2) Has a Home in Thousand Oaks, California worth over 1 MILLION Dollars via Tax Records.....Mark, HOW ABOUT SELLING IT?

    3) Has a Home in Incline Village in Lake Tahoe, Worth an estimated 2.2 MILLION Dollars and currently uses it as a Vacation Rental on the Internet Managed by his wife, Nina Sandvik Bashforth for 5k per WEEK!!!!!!

    4) How about the assets of a Nevada Registered Company called Whitehaven, LLC?

    5) How about the assets of a Nevada Registered Company called WayPoint Sales Management Company?

    6) How about just 1/2 of your Heavy six (6) figure Salary at your current "Employer"?

    7) How about sending your kids to Houston Community College vs. the 40k to 50k per year Colleges they are currently enrolled in?

    8) How about selling your Yacht that is registered in the State of Nevada that has the following Dimensions of 49 foot by 14 foot by 6 foot?

    Now I'm sorry, sure seems to me, that there is more than enough assets that I just found without two much trouble to go after to pay not only Lincoln Baker, Tom Baker, Greg Fishman and Shaun Steckler back, but to also pay the approx. 2 Dozen Unit Franchises that Reasoned Source knows about between Houston and San Diego that have been RIPPED by YOU and the Area Developer and paying those hard working people in the Call Center that you closed in PANAMA!!!!!!

    Maybe your Brother Jayson could chip in as well: As you already know many of the companies that I found, are co-owned by him. One of the most interesting things that I found out about Jayson R. Bashforth was an investigation about him that centered around a missing man by the name of Halai Mitshali from Tindadad and Tobago.....Very Interesting Article.

    But back to assets: Your brother has a few properties of his own that are worth north of 500k as well......

    Now, as I have stated before, I am a CAPITALIST and I don't Begrudge Wealth, I Love to have the American Dream just like everyone else. What I HATE is simply people like Mark, Nina and Jayson Bashforth making themselves more Wealthy on the Backs of Hardworking, Innocent, Vulnerable People and Selling them Lies by utilizing False FDD's, False Performa's, Fraudulently Inducing Them, Committing Acts of Mail and Wire Fraud, Interstate Commerce Fraud and numerous other Criminal and Civil Acts and Thinking they are going to get away with it!!!!!!!!

    One of the things that I uncovered, it seems that both Pete Frese and Mark Bashforth happened to DIVORCE their Wives about the same time in 2012 and SELL some of their Personal Assets around the Same time frame......COULD this be an effort by Matt Jacober, Dan Doyle and Lathrop and Gage to assist them with the HIDING of ASSETS?????? I mean let's face it, the charges that Reasoned Source is talking about, COULD cause them to go to JAIL without question.....

    Is Lathrop and Gage advising them to do these types of things? I wonder, I would estimate since the POODLES first appeared till now, how much have they gotten in attorney's fees? You gotta believe it has been at least 500k!!!!!! Does Lathrop and Gage REALLY need that money? I know they HATE IT every time I mention their name, Every Time that they are embarrassed by the 1/2 Truths and Lies that Dennis Jarrett and Pete Frese have them tell in a Court Proceeding....One day, THEY (Lathrop and Gage) have to ask themselves, IS IT WORTH IT? I mean come on, Lathrop and Gage is a HUGE Firm, Lot's of High Profile Partners, do they want to be associated with a HUGE LOSS in P/R and Humiliation that is tied directly to Dennis Jarrett, Pete Frese, Stratus Franchising, LLC.

    Makes you wonder WHO is Handling Lathrop and Gage's Branding Efforts and P/R Department......Maybe they should be Terminated?

    More coming soon...........

  • @Viewers: Reasoned Source has confirmed a looming PR disaster for Lathrop and Gage! In business, it is all about Branding and Image of that Brand. Now it is bad enough when you have marginal clients that you are having to represent and they may have made some bad decisions by which it has landed them in court and in the theater of Public Opinion. Proper PR and Re-Branding often helps a Bad Company become Good.....

    In the case of Stratus Franchising, LLC. the case of Dennis Jarrett and Pete Frese, you have a vastly different situation on multiple levels.....

    1) Cleaning is a "dirty business" (all pun intended) to begin with, it ain't pretty, nostalgic, fun nor innovative.

    2) The franchising aspect of the cleaning business is even Dirtier. Simply look at the past history of many of the owners of Jani-King, Jan-Pro, The Janitorial Agency, Bonus and others. I MEAN PERSONAL HISTORY!!!!!!

    3) Dennis Jarrett and Pete Frese took the level of DIRT to even Higher as they actually LIED, STOLE, CHEATED, MIS-LEAD, MIS-REPRESENTED to their actual MASTERS!!!!!! These aren't the men and women that cannot Speak English, these aren't the un-educated, these aren't the un-washed, these aren't people who have NEVER owned businesses prior......These are Professionals from many walks of life, These are people and families that have invested 100's of thousands of dollars...Some up to and over 500k!!!!!!!! That ain't walking around money!

    Dennis Jarrett and Pete Frese are done in the Franchising Business.
    Dennis Jarrett and Pete Frese are done in the Commercial Cleaning Business.
    Dennis Jarrett and Pete Frese are done.

    Only Question remains is the collateral damage and who it affects.

    Lathrop and Gage, you have nothing to win. Only question is "Are you part of the collateral damage"?

    More coming soon..........

  • @Viewers, on a recent visit to Lathrop and Gage's website, I pulled up the profile of Stratus lead attorney, Matt Jacober. On that Profile it has numerous accomplishments, law degrees, articles printed, cases successfully defended or won....For his accomplishment on/for Stratus Franchising, it reads "Successfully represented private building and office cleaning company in a class action matter that resulted in the Judge dismissing and did not grant ability to refile case".

    Wow!!!!! Talk about BOLDING the positive......However, the TRUTH is more like the following:

    In the month's PRIOR to hiring Matt Jacober and Lathrop and Gage, Stratus Franchising had some/all of the following:

    1) Nearly 50 Master franchisors working throughout the United States with Sales/Marketing Agreement for Canada and Latin America!
    2) Nearly 100 Million Dollars per year in Gross Revenue
    3) Listing on Entrepreneur Magazine Top 500 Businesses
    4) Multiple Awards both locally and nationally for Franchising
    5) Published Articles in St. Louis Business Journal
    6) Published Articles in USA Today
    7) Multiple Print and Radio Interviews
    8) Top Selling Franchise Business
    9) Putting America back to Work Prestige

    Oh, I could go on and on and on.......

    So let's talk about the Year AFTER the hiring of Lathrop and Gage and Matt Jacober......

    a) Nearly 30 Masters have LEFT the Stratus Franchising, LLC. "Family"
    b) Less than 30 Million Dollars in Revenue
    c) Investigation of and subsequent de-listing by Entrepreneur Magazine
    d) Multiple Awards Stripped and Demanded Return
    e) Investigations done by Local and National News Organizations including a nearby Fox News Station and by Dateline NBC.
    f) No Listing on any MAJOR or former Franchise Publication
    g) Multiple Lawsuits in Missouri and Indiana
    h) Selling of Personal Assets by both Primary Owners
    I) Terminations of Multiple previously KEY EMPLOYEE'S
    j) Multiple Lawsuits against Masters
    k) Multiple Separation Agreements that ended in Stratus Franchising Paying Masters to Separate

    Yes folks, this is the kind of representation that you can expect from Lathrop and Gage, "Give us your Healthy, Prosperous, Growing Enterprise" and we will find a way for you to file for Bankruptcy Protection and Be Fitted for Specialty Colored Jumpsuits currently available in Bright Orange, Pink and Lime Green!!!!!!

    Just some truth to the Profile......Wonder what's next in Reasoned Sources, PR and Branding Notes?

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