Does Cuppy’s Coffee or Elite Manufacturing Owe You Money?
June 5, 2008 by Sean Kelly
Filed under Business
(FranchisePick.Com) Does Cuppy’s Coffee or Elite Manufacturing owe you a refund? Have things improved with the new ownership? Is the Danny Jones runaround a thing of the past? Has the AAFD been helpful?
Please share your experience with Cuppy’s Coffee, Elite Manufacturing and Fransynergy below.
It’s been more than a month since Dale Nabors and Fransynergy took over the assets and liabilities of the troubled Medina Enterprises, Cuppy’s Coffee and Elite Manufacturing and vowed to return deposits owed to Cuppy’s Coffee franchisees and prospects. The April 21, 2008 post on BlueMauMau stated:
Elite, the construction arm that builds Cuppy’s properties, has been embroiled in disagreements with Cuppy’s depositors and franchise owners. The organization took on deposits from a number of investors, but controversy erupted when franchises were not purchased and deposit money was not returned.
Nabors declares, “We are fully aware of the refund challenges faced by the organization and we are addressing those and evaluating those on a case-by-case basis and look forward to resolving those as quickly as possible.”
WHAT DO YOU THINK? SHARE A COMMENT BELOW.
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I just submitted an e-mail to the local news channel in the area where they are now. Here is the link if anyone else wants to do it.
http://www.whnt.com/Global/story.asp?S=214960&nav=menu108_6_1
Legal battle #1 has been won. They HAVE to come to my State for Court, so ruled by Judge.
Court will be soon! Cuppy’s and Elite will have to face off and explain many things. Will be interesting to hear their story in Court, why they ripped so many people off. Will keep you posted.
On Tract:
Can you tell us which state that is?
I’ve talked to the FBI today in Alabama. They said if you are a victim of Fraud to contact them at birmingham@ic.fbi.gov. Make sure you include details including the names of the idividuals involved in stealing your money. This is a government agency so don’t rant and rave about them just tell them the facts.
jd:
As new as this is, I don’t want to show “them” my hand. my point to all going forward with litagation against Cuppy’s/Elite is that their “so called” contract wording about “Florida rule” does not hold up and didn’t. this IS important to get this information out as it should hold in plaintiff’s favor in any state to which you want “them” in court. when i can tell more, i will, to assist the many who have been defrauded.
Thank you for the FBI address. I sent my information to them.
Denny Le Fevre, Cocoa Florida
Well, here’s another unsatisfied franchisee. We were expecting to begin receiving our “installment” payments from Elite last month, but of course didn’t, and now Danny Jones is no where to be found. All phones have been disconnected at both Elite and Cuppy’s. We found a website for Elite-Manufacturing and had a couple of emails from the Pres, Gene Schlinder, who reports that no one by that name works there, never has, and we have the wrong company. We are also looking into filing a class action. Any help out there?
Ok I got a response back from the FBI. They told me that since I signed the contract to get my money back there is nothing you can do about it. I also talked to a friend of mine who works in law and she said it would be better if we each sue them by ourselves but make sure each person who sues them and wins keeps in touch so they can testify for the next case. If we do it that way we can get your money, the money for your lawyer, and they would have to pay you extra (can’t remember what it was called) because they were dishonest with you.
OK since their phones have been disconnected and no one seems to want to help. I have an appointment with a lawyer this Thursday. I don’t care if they go bankrupt…they stole from me and the thieves shouldn’t be in business.
Hi,
Any one get any court hearing date or Judgment , please update us, also do not forget to include every one in the law suit such as Morge and all previous sales representative … and every one on Elite.
also I think Dan Nabors is on this blog and reading every one email under a hidden name
thanks
AM
yes they owe me 20k
We have been unsuccessful as well trying to get our money refunded. Sometimes I just want to forget about it and cut my losses, but then I get all frustrated because we gave them our savings and we are struggling so much. I have written to Dale Nabors but never received a response. Phone calls to Elite/Cuppys and E-mails in the past were either ignored or answered with promises to pay. They never came true. This has been going on since early 2007, almost two years!
Dale is not responding because he transferred the build out contracts to Brian Hayes at SBT. The build out contracts were the only thing Dale had that was really worth any immediate cash.
Brian is calling and trying to see if anyone has any money left so that he can get that money.
Dale is defaulting on the other lawsuits. He only settled with Brian. What Brian knew about Dale that got Dale to turn over the build out contracts is not clear. But Brian is the only one who got a settlement, and SBT discontinued the suit against Dale.
Morg Morgan’s friend and ex-partner at Slender Lady has died:
http://www.unhappyfranchisee.com/2008/12/slender-lady-founder-bruce-sharpe-has-died/
Has anyone found out what state Cuppy’s/Elite/Medina/Fransynergy, or whatever they are called now, have assets in? I talked to a lawyer and he said we need to sue in those areas so we can sell off the company to get compensated. He also said to make sure you put everyone in the lawsuit that way you can go after their personal property as well. Oh and Elite has been withdrawn as a company in Indiana back in July
https://secure.in.gov/sos/bus_service/online_corps/view_details.aspx?guid=34B92418-C20E-47FC-AF23-3584D50E6D93
Chris: you can sue anywhere and take your judgment to a sister state and the court will (with rare exceptions not relevant here) permit you to attach assets in that sister state.
Where you bring suit is a function of several things, not least of which is whether your contract has a venue selection clause.
Simply naming people in a suit does not mean that you get a crack at their personal assets. Way too complicated to go into here, but normally you can’t (for example) take Dale Nabors’ house just because Elite Mfg breached a contract.
In the case of this particular mess, you may very well be able to pierce any corporate veils and go after personal assets. But it is a job you should leave to the pros, this is not the type of thing most people can do pro se.
Yes they own me 40k any one know about any lawsuit .
About 5 months ago I hired an attorney to file a lawsuit against Cuppy’s/Elite. They owe me 39K. I am now awaiting the judgement. If any one is interested, please email me [site policies] and I can provide more info. We should all file a class action lawsuit against these crooks. Look forward to hearing your commnets.
[Hassan: See site policies. please email me at unhappyfranchisee[at]gmail.com for info on exchanging emails]
I invested in Cuppy’s/Elite last year and put a down payment of $2,000 and was supposed to come up with more later but I got pregnant with twins and was unable to pursue the franchise. since then I have been trying to get my money back with no avail. Danny Jones sent me a settlement for $1.500 and said that the $500 they were going to keep for admin. fees but then didn’t send money at all and now every number and contact that I have from Cuppys and Elite doesn’t work. Anyone, please help, I know it doesn’t sound like alot of money but it is to me and my family, I really need it and I don’t want them to get away with robbing me.
Nafesa:
What month & year did you send in the $2000?
When did Danny Jones promise you the $1500?
I’ve never heard of them taking such a small deposit. Most gave deposits of between $28K and $58K, with one at least over $100K. Unfortunately, most of them have not been able to get their money returned either.
I wish I had better news to share.
Like all the other I have read on your blog, I, too, have been defrauded by Cuppy’s & Elite. Put up franchise fee to Cuppy’s of $12,500 and Deposit with Elite of $46,000 with written guarantee of refund if financing was not obtained. Financing was not obtained, but I have never seen a dime of a refund from either of these SOB’s. Received a letter from the State Attorney’s Office, Florida indicating that a preliminary investigation into charges of criminal fraud has begun against Cuppy’s / Elite. There apparently are 42 names on the complaint of other potential victims of Cuppy’s / Elite supplied by the BBB. The State Attorney’s letter suggests I obtain private counsel to seek remedies. I live in and the franchise would have been in Georgia. Can anyone recommend a lawyer that already has a suit against Cuppy’s / Elite , maybe one doing a class action against them? Don’t really want to waste any more money going after these jerks (Cuppy’s/ Elite), but might make me feel better if I help put them in jail.
Doug
I have 4 of us so far getting together to get one started soon. You can contact me at aandchot@yahoo.com. On the letter did it have good contact info? I submitted complints with both the FL Attorny General and the BBB. I’ve not recieved a letter from them and want to make sure I’m in there records…I want to fry those bastards for take my life savings!!! When you do talk to them make sure they involve Fransynergy and Medina since they owned Cuppy’s and Elite.
Sorry had some misspelled words in my blog I just submitted…every time I think of those people my blood starts to boil and I start rambling…
The State Attorney of Florida sent me a letter. Basicly it states that they are refering our complaints to the Dept. of Ag. & Consumer Services, Office of Ag. Enforcement, 6095 Old Bagdad Hwy, Milton, Fl 32583. I recommend that all who are owed money from Cuppy’s and Elite contact this office with your complaint/info. The State Attorney refered the registered complaints (42 names on letter) to the above office for investigation into a basis for a criminal investigation. So all who are owed money, do yourself the favor of contacting this office and make your complaint known if you have not done so already. Let’s make waves, NOW! No phone number was give in the letter for Dept of Consumer Services. Google search offered two numbers: (in FL) 800-425-7352, (out side FL) 850-488-2221. But I’m not sure these #’s go directly to this office. All, contact the Office of Consumer Services, NOW. Let’s at least put these crooks in jail. AND THEY ARE CROOKS, CUPPY’S AND ELITE! They are dismissing their lawyer’s to avoid litigation. Side Note: Cris Menz. Your name is on my letter as a Complaintant. Did you get the letter?
I’m a different Chris
Anyway, I found the # direct its (850) 983-4550
Remember to look at Funding Solutions LLC. They funded a hundred loans for this scam and claim they did not know anything until PNC bank cut them off and called the feds.
Funding Solutions LLC is still around, is easy for a process server to locate, and has money. That is more than can be said for Robert Morgan, Brian Hayes, or Dale Nabors.
Does anyone know how the SBA Inspector General investigation is going?
We too received a letter from the state attorney of Florida. There is no way we can afford legal representation but I will continue to write to and contact whomever I can. It is my hope that people who are looking into this franchise business will be wise to research and stumble upon all these negative comments.
This for Mr doug BANKER ,if you seeking for a lawyer,this is the one I hired, Mr johnson Richard,phone number [deleted per site policies http://www.franchisepick.com/about/site-policies-guidelines/ Include a website link if you'd like]
I found a lawyer whom may be interested in doing a class action against Cuppy’s, Elite, Fransynergy and Medina. They want as many people as possible whom has been taken advantage by this company to give them a call.
Aylstock, Witkin and Sasser
1-877-810-4808
Also, if anyone has any information pertaining to their practaces (such as ex employees) they would also like to talk to you.
Thanks, Chris. Will do.
I understand that there are at least two other attorneys who are up-to-speed on the situation and interested in talking to victims of Cuppy’s Coffee. One is Dady & Garner in Minneapolis. The other is:
Alejandro Brito, Esq.,
& Melissa Bernheim, Esq.
Zarco Einhorn Salkowski & Brito, P.A.
100 S.E. 2nd Street
Suite 2700
Miami, FL 33131
Tel. (305) 374-5418
Fax (305) 374-5428
The POC at
Aylstock, Witkin and Sasser
1-877-810-4808
is Mr D Thornburgh
Someone posted the contact at Dady and Garner at UnhappyFranchisee.com:
Scott Korzenowski 612-359-5486 at Dady & Garner
http://www.unhappyfranchisee.com/2008/09/cuppys-coffee-list-of-locations-status/
I too am on the case 4607FR000060A. Was told all the same lies. I lost 100 thousand. Had my own funding, proptery-permits and site plan. AND no one from Cuppys,Eltie… could be found. I will be calling every lawyer that has been mentioned.
We called Mr. Thornburgh yesterday. Let’s see what happens.
please let me know- seems funny that there is new Cuppys opening,but no one can be found!
Cuppy’s Coffee: Who’s suing them now
http://www.unhappyfranchisee.com/2009/02/cuppys-coffee-whos-suing-them-now/
Please add any status updates or contact information to that post.
I would like to talk to anyone interested in Sueing this people. I’ve beed swindle 30.000 dlrs and if we can do some kind of class action lawsuit ple e- Mail so we can all join to do this.
Im in. we all need to stop this.
I`M ALSO IN. i`m mad as heck, and we can stop this!
Please tell me if there are any Cuppy’s stores still open and what they may be doing for product?
Sheri,
My attorney researched open Cuppy’s. He says that there are open stores. What they are doing for product is unknown. Maybe they are buying their own supplies. Don’t really know the answer to this. Another question: Who is collecting the franchise fee’s? and where is it going?
Just wanting to check who all is going with Aylstock, Witkin and Sasser. We received the paperwork to sign.
My attorney and i will be in court in April against Cuppy’s/Elite. If Court can get to our case then. We believe we will. Judge has ruled to hear the case even without Cuppy’s/Elite represented. Apparently Cuppy’s/Elite have fired their lawyers for suits thinking this would give them an advantage. NO GOOD. My attorney pitioned the Judge to go forward without them. The Judge did and he will decide. It’s been a long battle. But my attorney is good and on top of this. Cuppy’s/Elite had a law firm. But now the firm has informed us they have been removed by Cuppy’s/Elite.
Has anyone heard more from the Lt. Attorney General in Florida concerning turning this over for criminal proceeding? I called and they have not returned my call.
Sean Kelly / all owed money by Elite/Cuppy’s.
I said i would have my day in court against Elite/Cuppy’s and report to all concerned. I’m keeping that promise. I went to court (local, my state), 4/09/09.
Bottom line, Judge’s verdict. Elite’s contract, null and void, misleading, and fraudulent. Elite’s contract was/is therefore, not reason to hold OUR/my money by Elite or Cuppy’s.
My case was fully supported against Elite/Cuppy’s by the Judge and an order was given per Judge/Court to recoup my deposit, attorney fee’s, other against Cuppy’s and Elite.
Point here is: we did NOT have to go to Florida Court per contract. A good attorney will find previous cases to override having to go to Florida courts. Mine did.
While i am happy with the Judge’s verdict, NOW we still have to get the money. We have two possibilities according to my attorney. I can’t go into detail at this time, however, if anyone can post all the present active franchises operating state by state, please post them for me. Or, if you know a current address for either Cuppy’s or Elite. Thank you.
We also need to be paid the money that they owe us as well. And have a contract. what can be done? C.Y.
Is there no more info or comments concering Cuppy’s and Elite? Is everyone happy not getting their money back?
Chas:
Have you been following the Cuppy’s stories at http://unhappyfranchisee.com? There are a number of franchisees actively pursuing the company and refusing to give up. While they know that seeing any actual money is a longshot, they are determined not to let this story go away until some justice is brought to bear.
Check out the story posted today on Alicia Benefield http://www.unhappyfranchisee.com/cuppys-benefields-get-press/ and the video of franchisees confronting Dale Nabors on the courthouse steps.http://www.unhappyfranchisee.com/cuppys-franchisees-confront-dale-nabors-video/
Leaving comments on these posts will help serve as a warning to future potential victims of these individuals or others like them.
http://www.unhappyfranchisee.com/cuppys-coffee-overview/
hi: I get jugement against cuppys/elite from FLORIDA COURT,now am ssking for a lawyer in ALABAMA STATE for collection if somebody knows something let me know please.