Franchisee Association Not High on Cuppy's Priority List

Posted Sun, 2008/09/07 - 17:05 by Janet Sparks

MUSCLE SHOALS, Ala. (Blue MauMau) - In answer to comments made by Robert Purvin, chairman of the American Association of Franchisees and Dealers, reported here on Blue MauMau, Dale Nabors stepped up to the task in defending his actions as new owner and CEO of Cuppy's Coffee and More. "I understand the AAFD's business model. I understand that even though it's a non-profit organization they do have employees who make good money for the work they do for the association." But Nabors said at the conclusion of a three-hour phone call with Purvin regarding the services AAFD wanted to provide Cuppy's, he made the decision that Purvin's organization was no longer at the top of his company's priority list.

Nabors said before he took control, Cuppy's had paid the AAFD a considerable sum of money. But when they approached him about starting a franchisee association, he said although he was open to discussing it he felt it was not the best use of their money. "I believed that at this point and time when we have a number of issues to deal with as a company the money could be better used." He said AAFD wanted $100 per location the first year and the $300 per unit the second and third years. After doing the math, Nabors said he just didn't want to commit the franchisees to that expense. Besides, he added, he had already started his own franchisee advisory council to get feedback and share it with other franchisees.

As far as the AAFD's accreditation award, Nabors said the franchise agreement is as fair today as it was when Purvin's group approved it. He said nothing had changed there. AAFD had added Cuppy's to its roster of companies earning its Accredited Contract status, a recognition offered to new franchise systems, or to new ownership and management teams. It highlights companies whose franchise agreements conform to the AAFD Fair Standards, but lacked operating history to evaluate franchise relationships. AAFD made the decision recently to suspend Cuppy's award.

Additionally, AAFD wanted to set up a buying co-op for Cuppy's, but Nabors said when it does form one it then takes a percentage of the total sales of that buying co-op. "I believe that was going to be a 1.5 percentage," he explained. He said he and Purvin went to great lengths on the issue because he had already established a distribution system for Cuppy's when he was a consultant for them, without having the details on what the company had put together with Purvin's group. "The system I already had put together using a company out of Dallas allowed us to deliver a good product on time at a fair price to the franchisees, and it resolved some of the distribution issues Cuppy's was faced with in the past." He again explained, "To increase the cost of the products to the franchisees so that the AAFD could earn a percent and a half was not what I felt was in the best interest of the franchisees, so I said no." Nabors saw no need to have AAFD manage the cooperative.

The other requirement under AAFD was to allow them to mediate disputes. "I’m certainly open to mediation and it can be very beneficial for both Cuppy's and the franchisees. What I objected to was the $325 per hour--or it might have been $350 per hour--that was paid to Purvin or AAFD." He added, "Because the two are kind of intermingled, it’s hard to figure out who the money is going to for the mediation." And when there are other sources for mediation that are less, Nabors said again he didn't want to commit the franchisees to it.

One source he mentioned was the International Franchise Association, which offered through its ombudsman program free mediation. He said they have used it and it worked successfully for them at no cost. He concluded on the subject, "So it came back to whether I wanted to commit to $350 an hour for an unknown number of hours to Bob Purvin or AAFD when I could get the same service rendered for less money or no money. Bob Purvin and I had a three hour conversation about a month ago where I was constantly being asked for my support. And the support came down to economic support. I made the decision that at this time it was not the best utilization of the company's money to pay the AAFD."

Nabors said, "I would like to believe that AAFD has the best of intentions. And I think that Bob Purvin and Julie are great people." But he again states, AAFD is just not high on Cuppy’s priority list.

Related readings:

Average:

Your rating: None

Franchise topic:
- food
Enter Your Own Tag:
- food

Email this Story

244 Comments

Dale Nabors/Cuppy's Coffee - Latest Update.... by Guest

Submitted by Guest on Fri, 2008/10/17 - 23:23.

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.

Cuppy's Home Page by Guest

Submitted by Guest on Mon, 2008/09/15 - 11:50.

Taken from Cuppys website in the "About Us" section. "Welcome to Cuppy's Coffee & More, where we pride ourselves on being fast, fresh and FUN! Established in 2008, Cuppy's Coffee is a young coffee and smoothie franchise on the go. Come relax in one of our cafés or zoom through one of our drive thrus in a few short minutes. We are the new generation of coffee and smoothies - at Cuppy's Coffee, its good taste all around! We understand that your choice of coffee is close to your heart. Valuing your time and loyalty means pulling each espresso shot as it is ordered. We are not just about great coffee and smoothies - we know you are busy and we are here to fit into your lifestyle. We are fast. We are fresh. We are fun. Our mission and our commitment is to provide quality and affordable specialty gourmet coffee and authentic fruit smoothies with an emphasis on providing our customers with an exceptional experience. Our vision is to be the mom and pop shop in your community. We want to blend your favorite specialty coffee and be what you crave when you need to be refreshed and rejuvenated." I find this whole thing repulsive. Established in 2008? What? I think I missed something. HUH??? They are NOT fun. The exceptional experience that they are referring to includes but not limited to stealing your life savings, forcing you to file for bankruptcy and making your life hell.

Cuppy's thinks they are fun..... by Guest

Submitted by Guest on Tue, 2008/09/16 - 11:09.

b/c they have all of our money and are buying new cars and no tellin what else...... God forgive me for HATING those people.... Hope they all BURN IN HELL for what they have done to us.....

Re: Cuppy's thinks they are fun..... by Guest

Submitted by Guest on Tue, 2008/09/16 - 11:28.

My kind of fun will be hearing about Bubba taking care of Dale in PRISON. I bet his wife and kids are proud of him. You can run but you can't hide.

Re: Re: Cuppy's thinks they are fun..... by Guest

Submitted by Guest on Tue, 2008/09/16 - 11:54.

Yep, just call me Bubba cuz I'm tryin' to put ole Dale and Morg in prison...Mrs Natalie Nabors won't stay with Dale when the money runs out. Why does a 29 yr. old woman marry a 45 yr. old old ugly, bald, beer gut man???? It's called MONEY!!!!!! P.S. Dale looks 65!!!

Does anyone know who Jacqui Jeffreys is???? by Guest

Submitted by Guest on Mon, 2008/09/15 - 20:08.

She was our first contact person w/ Cuppy's back in 2007. In other words, she was our sales person. She owned a dual drive thru in Arizona, I think, maybe....Tempe. I can't research that since Cuppy's changed their website and informed us they were "established in 2008". What kind of bull is that???? Anyway, I was just wondering if anyone knew of her and what happened to HER STORE?????? I have lost count as to how many stores have closed. Anybody out there kept track of how many Cuppy's have closed????

Cuppy's No Phone Number by Guest

Submitted by Guest on Tue, 2008/09/16 - 07:43.

I have never heard of Jacqui Jeffreys before. Has anyone else noticed that there is no telephone contact on Cuppy's web site?

Cuppy's Phone No. & their law firm by Guest

Submitted by Guest on Tue, 2008/09/16 - 09:24.

I was one of the people that was screwed a few years ago and was being paid out of the settlement pool every three months. (Yes, getting my life savings returned a little bit at a time). The July check never arrived and today all of us in the settlement pool received letters from Cuppy's Coffee and/or Elite Manufacturing's (or related entities) law firm Beggs & Lane. Beggs & Lane was the law firm that collected the pool money and distributed it among approximately 75 people who had their money stolen from them. Beggs & Lane have released a letter, dated September 11, 2008, stating that they no longer represent any of these entities and to not call them about outstanding monies owed from the pool. They do; however, give three phone numbers to contact Cuppy's, et al. Please note I have not tried these numbers but these are what they state: 850-243-2084 888-241-4324 256-389-3470 (Alabama area code)

Re: Cuppy's Phone No. & their law firm by Guest

Submitted by Guest on Tue, 2008/09/16 - 12:43.

919 B Avalon Avenue,Muscle Shoals, AL 35661 256-381-6336

Here are 2 more numbers: by Guest

Submitted by Guest on Tue, 2008/09/16 - 13:17.

256-702-9198 256-386-1395

Another Number by Guest

Submitted by Guest on Wed, 2008/10/01 - 13:41.

256-389-3445

No Better Then You by Guest

Submitted by Guest on Sun, 2008/09/14 - 16:16.

All, I think I’ve read every blog here so far and see a fire storm of finger pointing not resolutions. When the dust settles, everything will be flushed out using our legal system. Franchisee’s: Sorry, a lot of us have and are caught in the cross hairs. Morg, Brian, Dale, Executive Team, Attorneys, Consultants, Key Players: We need you guys to work together harder and come to some kind of resolution so we can move on. Please use the wisdom God gave you and work this thing out so my family can stop hurting. Also, please let your families know that there is at least one franchisee family out here that knows your family is off limits, and shame on those people here pulling them into this. The business transactions of their fathers & mothers, good or bad are not a reflection of their children. Cuppy’s Employee’s: Some of you have been warriors from within. You have stuck your neck out on the line to communicate real issues, solved real problems and did it without candy coating the situation. Please know this, I like many of us Franchisee’s know who you are. I just want to say, I’m proud of you for fighting for my family till the end. I’m asking you to take your knowledge and use it to help close this mess so we can all move forward. Lastly, our prayer is with all of you. In Desert Storm all options had been removed from us, our death was certain. Saddam had just launched a scud into our base, and from the reports his weapons were packing chemicals that could eat the rubber off our masks to get to your lungs for the kill. After exhausting every possible option I found myself turning to the only one that could help. He has never let me down and regardless of this business takes off or not, He is still going to be faithful! In this storm, the loss will be mine if my hart fails due to stress. When I woke up today my children were running around, they have no clue what were going through, and I intend to keep it that way. They will be feed, clothed and safe regardless of this. This will be the last time I log on here, so you can say what ever you want, I really don’t care. However, I do think we should take a look at what we are doing to protect the Cuppy’s name even through the battle. Sincerely, No Better Then You Philippians 4:6-7 6Do not be anxious about anything, but in everything, by prayer and petition, with thanksgiving, present your requests to God. 7And the peace of God, which transcends all understanding, will guard your hearts and your minds in Christ Jesus. Luke 1:37 For with God, nothing will be impossible.

Figure Out How Cuppy's Can Make Money by Guest

Submitted by Guest on Mon, 2008/09/15 - 00:31.

"I think I’ve read every blog here so far and see a fire storm of finger pointing not resolutions." I think you mean that you've read every comment. Besides the blogs of experts, you should read the news stories on Cuppy's. It will catch you up to date with an interesting string of events. But you are right in that news stories and comments won't set strategic plans and resolutions to dig franchisees out of this mess. Heb. 2:1. We must pay more careful attention, therefore, to what we have heard, so that we do not drift away.

New Stories on Cuppy's by Guest

Submitted by Guest on Mon, 2008/09/15 - 01:12.

They have just closed 6 more stores b/c they are failing and do not have any type of system/structure in place.

Conference Call by Guest

Submitted by Guest on Fri, 2008/10/03 - 11:11.

Does anyone have the number of the supposed conference call for Cuppy's that is supposed to be happening today? I didn't get a letter.

New Stories on Cuppy's by Guest

Submitted by Guest on Mon, 2008/09/15 - 09:49.

What are the locations of the 6 recently closed stores and where did you get this information?

Crap by michael webster

Submitted by michael webster on Sun, 2008/09/14 - 18:17.

I have never seen in print anything more appalling than this post.

Mr. Nabors and Mr. Morgan have engaged in systemically looting the prospective franchisees, misrepresenting illegal earnings claims to the SBA approved lenders to induce them to lend, and stealing funds from buildout loans.

I do not say this lightly, and with full understanding of my duties as an officer to the Court, but Mr. Nabors and Mr. Morgan have some very serious allegations to meet.

Michael Webster PhD LLB
Franchise News

Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"

Appalling? Hardly! by Guest

Submitted by Guest on Wed, 2008/09/17 - 23:06.

Guest writes: "Morg, Brian, Dale, Executive Team, Attorneys, Consultants, Key Players: We need you guys to work together harder and come to some kind of resolution so we can move on. Please use the wisdom God gave you and work this thing out so my family can stop hurting." You say that you've never seen in print anything more appalling than this post? I have. Yours!! Again, with respect: Lord, Please give Morg, Brian, Dale, Executive Team, Attorneys, Consultants, Key Players the ability to work together harder and come to some kind of resolution so this person can move on. Please make these people aware of the wisdom You gave them to work this thing out so this family can stop hurting. AMEN! I love this post! It's the only one I've read that makes any real sense. By the way, Mr. Webster, your duties as an officer to the Court, are to get the facts before making any serious accusations. And to prove guilt before making defamatory statements against remarks

Re: Appalling? Hardly! by Guest

Submitted by Guest on Thu, 2008/09/18 - 11:21.

lol. That was funny. We all should be concerned about defamatory statements against remarks and Mr. Webster's duties as an officer of the Court, Canadian though it may be, mean that he has to toe the party line, whatever it is this month. That being said, you are correct in that "please make these people aware of the wisdom"...if only we were privy to how exactly Dale and Amy were managing, or mismanaging, our money, this would not be such an issue. It is the complete and utter LACK of communication that is making this a problem. It is the complete and utter LACK of honesty that is making this a problem. So you don't talk to us, but when you do you tell us lies, and then you don't talk to us again. And you are urging compassion and understanding?

Java joz by Guest

Submitted by Guest on Tue, 2008/09/16 - 16:08.

I too have been taken for 30,000. I was just hung up on by a secretary at Beggs & Lane. She would only say they no loger represent java joz cuppys or emerald coast. Is there any class action suit pending and if so how do we get in? As far as I'm, and probably anyone else that trusted the company with their life savings, they intentionally set out to bilk honest hard working peoples money from the get-go! I am destined for bankruptcy and maybe even divorce. great way to secure your future for you family. Thanks Java Joz

Unhappy franchisee.com won't remove slanderous blog from Arod... by Guest

Submitted by Guest on Sat, 2008/09/13 - 11:15.

Dear Unhappy Franchisee.com: I see you won’t post my letter about “Arod”s slaunderous blog about me; you won’t remove his blog and your “contact us” isn’t working so I’ll have to take further action and sue you for slander. Theresa

Theresa by Guest

Submitted by Guest on Sat, 2008/09/13 - 11:27.

Unfortunately, Sean Kelly would be immune to your lawsuit due to current federal laws - you would just be wasting your money.

Federal Libel Laws by michael webster

Submitted by michael webster on Sat, 2008/09/13 - 12:02.

Actually, this is an evolving area of law. It depends on the relationship between the owner of the blog and the commentators.

I would be concerned about it.

Michael Webster PhD LLB
Franchise News

Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"

Michael... by Guest

Submitted by Guest on Sat, 2008/09/13 - 23:06.

Thanks!

Federal Libel Laws part deux by Guest

Submitted by Guest on Sat, 2008/09/13 - 17:03.

I understand what you are saying about this particular intermediary and why that may be relevant, still, I would not want to be the one bankrolling this approach given the weight of authority that would appear to provide immunity - if only from a likelihood of a positive return on my investment perspective.

Federal Libel Laws Again by michael webster

Submitted by michael webster on Sat, 2008/09/13 - 21:24.

I don't think this libel suit would bet slapped, even if the jurisdiction had a slapp law. So, a well financed libel suit might prevail, even if the relevant authorities appeared to provide immunity.

Michael Webster PhD LLB
Franchise News

Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"

problem solvers by Guest

Submitted by Guest on Sat, 2008/09/13 - 10:43.

We all need to get together and call or email www.whnt.com. That is the local news tv station in AL. If everyone emailed there story to them i'm sure they would look into it and put Dale Nabors on tv. Nothing else seems to be working so we need to try this.

Employee Posts Moved by Guest

Submitted by Guest on Fri, 2008/09/12 - 08:04.

This comment has been moved here.

Re: Franchisee Association Not High on Cuppy's Priority List by Guest

Submitted by Guest on Fri, 2008/09/12 - 16:56.

Anyone tried to call the corporate office lately? They've turned off the phones now so they wont have to answer any of our questions. And we thought they were evasive before...

Screwed again by Cuppy's by Guest

Submitted by Guest on Fri, 2008/09/12 - 16:34.

I just got a call by the sign vendor which suppied the signs for my store by Cuppy's instruction. They never paid the $3800 bill for my signs, and so if I don't pay the bill, a lien will be placed on my store. Why order signs at all? Just to screw me again and leave me with more bills? I am already out $200,000! This was done during Dale's watch, the bill was dated July 1 and was due Aug 1. So Dale didn't pay it even though people were handing money over to him during the month of July! He had hundreds of thousands of dollars paid to him during the month of July and he couldn't pay a $3800 bill! And you're not paying the POS vendor either! My machine isn't paid for. I was charged $9500 for it and it only costs $7900 and you couldn't pay for that! Well, if there is anything good to come out of this, at least my signs and POS system won't be paid with Dale's filthy money. Dale, your wife's Coach handbags might be paid for but her wallet is carrying your dirty money. Wait until your kids come across this site from a google search of their last name. Think of the therapy they will need to resemble normal human beings. And when you are older, uglier, a convicted felon and broke, your young wife won't want anything to do with you either.

Where did the money go people? Always follow the money... by Guest

Submitted by Guest on Sat, 2008/09/13 - 23:08.

It seems that all you zees are forgetting who owned the businesses. That would be Robert Morgan then and Dale Nabors now. Those are the ONLY 2 people that had control of you money. If they said the Frankie Marquis not to write a check to so-n-so, she didn't. You want to know were your money went you should check out Morg and Dale's check books. NO ONE ELSE! HELL NEITHER OF THEM PAID THEIR EMPLOYEES HARDLY ANYTHING.

Re: Screwed again by Cuppy's by Guest

Submitted by Guest on Fri, 2008/09/12 - 18:29.

this is nothing new to java joz or cuppys. I got almost screwed over three times: 1. Converting my mobile unit from a java joz to a cuppy's, the sign place came out, did the conversion, and corporate told them to bill me, even though our agreement was cuppys covers cost 100%. HA!!! well then they started coming after me. After 3 months of them calling me and threatening me with a lawsuit, I promptly called Rudy Harper and told him I will join Cuppy's into any lawsuit these people file against me. Within 2 hours I had proof of payment faxed to me from Rudy. this was a $5000 job. 2. Again, converting mobile unit from java joz to cuppy's, I had some of my real estate signs and A frame redone. Again this was agreed that cuppys cover 100%. I had the signs redone, and they billed cuppys. Cuppys rejected the bills and again told them to come after me for payment. Well i personally knew these sign people as ive used them for YEARS and they trusted me alot more than cuppy's people, so i showed them our agreement, and i havent heard a word from the sign people since. They probably havent received payment tho. this was a $250 job. 3. About 10 months after I bought my mobile unit, I needed some warranty work done on it. So i called James and got the authorization from him. Got the work done, told them to bill cuppys. They billed cuppy's, and cuppys told them to bill me. Well this went on again and for SIX months. They threatened me with a lawsuit, and again I called Rudy and said i will join Cuppy's in any lawsuit. Next day I had proof of payment faxed to me from Rudy. This was a $375 job.

Re: Screwed again by Cuppy's by Guest

Submitted by Guest on Fri, 2008/09/12 - 17:08.

After talking to someone that was in marketing, if you are a franchisee that has not received material that you ordered off of the specialty coffee co-op, it is because they have not paid that vendor either. Hmmm.. The franchisees gave Cuppy's money for marketing items and Cuppy's can not order the items from the vendor because they dont have the money... so.. if the franchisees already paid Cuppy's for the items, where did the franchisees' money go? Sound familiar? And I might add.. This is all under Dale

Re: Re: Screwed again by Cuppy's by Guest

Submitted by Guest on Fri, 2008/09/12 - 17:16.

I guess that is why no one is getting their posters. Also, I spoke to Dale on July 18 and he said I would be open around July 31st. WHAT YEAR? Two thousand never? At least my store isn't being built out by Dale's dirty money. Dale took people's money in July, but it wasn't used to build out my store. At least I know that won't keep me up at night. But Dale assured me he sleeps well at night. That is one of us that gets well needed beauty sleep.

Re: Re: Re: Screwed again by Cuppy's by Guest

Submitted by Guest on Fri, 2008/09/12 - 19:30.

I paid for the marketing package in July and haven't recieved it yet. Thanks Robin for all your help!

Re: Re: Re: Re: Screwed again by Cuppy's by Guest

Submitted by Guest on Wed, 2008/12/17 - 14:43.

FYI.....there never was a marketing package made for Cuppy's SG or PW.

You Shouldn't Name Name's Unless You Know Your Facts! by Guest

Submitted by Guest on Sat, 2008/10/25 - 01:34.

Just like you got scammed, so did Robin. Maybe if Robin was getting a paycheck that didn’t bounce, she would have sent you your package. I am sure just like you, she went to work everyday and did what was asked of her. I am sure she only wanted to see the company succeed. It’s not her fault that the owner was doing dirty business and hiding it from the employees. So, you POS, If your going to name name’s and put people at fault…you should be calling out the CEO of Cuppy’s, and yourself, for not doing research on what you were buying into! Sincerely, Get Your Facts Straight!

POS by Guest

Submitted by Guest on Sat, 2008/10/25 - 10:08.

And Robin....you really should not be calling us POS's (Point of Sales) to our faces, I would imagine that is an inside Cuppys term. BTW, I would be considered an ex-pos, cause you, and the rest of the Cuppys team, already took everything you could from me. Thanks Robin!

You Shouldn't Name Name's Unless You Know Your Facts! by Guest

Submitted by Guest on Sat, 2008/10/25 - 09:07.

ok Robin, Chill. Whatever you say, we will believe. Whatever you say, we will believe. Whatever you say, we will believe. Whatever you say, we will believe. Whatever you say, we will believe. ' OMG, I am hynotized again. I want to invest more money.

Franchisee Printing Options by Guest

Submitted by Guest on Sat, 2008/09/13 - 05:09.

Although I do not agree with the way the printing issue with Cuppy's has been handled, I think it is important to state that Dale may not have been aware of the marketing vendor issue (Robin Donlan was aware and Amy Hiller was the one handling the situation). If you are a franchisee in need of marketing materials, I would suggest doing the following: - Contact Dr. Smoothie (via website or telephone) and ask if they will send you their POS material. Since you are using Dr. Smoothie products, they will typically send you FREE POS material (posters, table tents, etc.). However, these materials will have the Dr. Smoothie logo and not the Cuppy's logo. - Download previous poster images from cuppys.net and send them to a printer of your choice to be printed. I can get 11"x17" posters for $.75 each and Aframe attachments (24"x36") for $11.00, however this is with a bulk discount. Negotiate all prices with printing vendors. Tell them that you will use them for all of your business printing needs in order to get the price down. Collaborate with other stores in your area (if applicable) to get a larger discount. - Look up printing vendors in California via a google search (printrunner, uprinting, ps print, etc.) as an option for a printing vendor. California printing typically has the most inexpensive prices for their printing services. - If, in the past, you have already received a package from the Cuppy's printing vendor, contact the company to see if they will print the marketing package items for you. The vendor has all of the original files and should be able to manipulate the images to include your individual store's information. I hope this helps some of the franchisees out there.

DALE NABORS - A LIAR, A FOP, A MONEY GRABBING YUPSTER TWIT by Guest

Submitted by Guest on Fri, 2008/09/12 - 15:17.

Need I say more??????????????????????????????

Karma Chameleon by Paul Steinberg

Submitted by Paul Steinberg on Fri, 2008/09/12 - 16:17.

I don't know about the "liar" and "twit" parts.

But I take issue with the "fop" and "yupster" adjectives.

A fop is defined as one who is vain about appearance. Now, call Dale many things, but "fop" would not be one of them. Dale's checks may bounce like Goodyear rubber, but Dale himself is a Dunlop (his belly done lop over his belt).

As one who lived thru the '80s, I can assure you that no one from Muscle Shoals AL would be classified as a yuppie.

However, the golden age of Yuppies does provide us the theme song for the upcoming Cuppy's movie (screenplay by Sean Kelly, technical advisor Michael Webster):

Southern folks
at a sunny waterfront locale
Pretending to be something they are not
Fleecing gullible marks
Changing identities in the blink of an eye
"Gay friendly "

Easy choice: Boy George in Karma Chameleon .

Current script has the theme song being cued just as Bob Purvin is finishing his final call with Dale Nabors. There are raised voices filled with hurt and anger, then a soft dissolve to Morg Morgan sitting on that Mexican beach. Suddenly Purvin and Dale pause as the mutual realization floods over them, and the music rises as the screen fades to black and credits roll.

Didnt hear your wicked words every day
And you used to be so sweet I heard you say
That my love was an addiction
When we cling our love is strong
When you go you're gone forever
You string along
You string along

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

I just refer to Dale Nabors as a sorry, no good..... by Guest

Submitted by Guest on Fri, 2008/09/12 - 15:25.

"POS"....Piece of $HIT!!!!!

I don't understand by Guest

Submitted by Guest on Fri, 2008/09/12 - 15:20.

what you are trying to say? He's told you things that weren't truthful?

Theresa St.Clair resigns from Cuppy's?? by Guest

Submitted by Guest on Fri, 2008/09/12 - 13:45.

Posted on Unhappyfranchise.com "Franchisees and employees hold tight, from what I understand there is an investigation going on and you will be contacted. Theresa St. Clair is the one of the prime targets in the investigation. She is now the VP of Sales with San Gelato if you can believe that. These are the people that have filed against Dale and Morg Morgan and Theresa St. Clair was the one promising refunds and returns of deposits to franchisees when she was VP of Elite Mfg. Now this same person resigned from Elite 2 weeks ago because she thought Dale Nabors was corrupt and she has “bamboozled” more franchisees than anyone with her promise and most made in writing that franchisees would get their money back should they not get financing or a location within a certain period of time. Now, this same “Judas” is VP of San Gelato????????? You can run but you can’t hide they are coming for you Theresa. I wonder if the owners of San Gelato paid their due diligence before hiring you. With you as VP of Sales, I am sure there will be huge numbers fo franchisees sold with you promising them the world and delivering to them nothing but lies. You are now in the cross hairs right along with Dale and Morg. This should be quite a circus when you all go to court. I suggest all franchisees and employees of Cuppys show up at the courtroom and voice your feelings to Dale Nabors, Theresa St. Clair and Morg Morgan." Does anyone know if Theresa St.Clair is in fact employeed with San Gelato's??????? If so, she is just as much of a fraud as Dale, Robin, Amy & Danny.

Re: Theresa St.Clair resigns from Cuppy's?? by Guest

Submitted by Guest on Wed, 2008/12/17 - 14:46.

SHe is an employee there...but not a fraud like the rest. I worked with her a long time....we were all assigned simple tasks one by one, never knowing what affect they had....we were being paid, it was our jobs....it was Morg and now Dale.

Your a Fraud! by Guest

Submitted by Guest on Sat, 2008/10/25 - 01:37.

Just like you got scammed, so did Robin. I am sure just like you, she went to work everyday and did what was asked of her. I am sure she only wanted to see the company succeed. It’s not her fault that the owner was doing dirty business and hiding it from the employees. So, you POS, If your going to name name’s and put people at fault…you should be calling out the CEO of Cuppy’s, and yourself, for not doing research on what you were buying into! Sincerely, Get Your Facts Straight!

Your a Fraud! by Guest

Submitted by Guest on Sat, 2008/10/25 - 09:03.

ok Robin, whatever you say.

Where did the money go people? Always follow the money... by Guest

Submitted by Guest on Sat, 2008/09/13 - 22:53.

Theresa St.Clair, still working for Dale?? by Guest

Submitted by Guest on Sat, 2008/09/13 - 12:37.

If Theresa St.Clair is working for San Gelato's doesn't that mean she is still working for Dale Nabors? I have pasted a little piece of an article that was posted here on BMM when Dale bought Cuppy's. "Last Friday Nabors made the decision to go forward with the acquisition of the holding company which includes not only the controversial Cuppy's Coffee, but also Planet Wings, San Gelato Cafe', Elite Manufacturing and Specialty Coffee Co-Op." Someone posted that she had morals, ummm correct me if I am wrong but how does she have morals if she is still working for Dale? Also it would seem to me that her resignation letter would be a hoax considering that she still works for Dale. Any info on this would be helpful.

Hell NO!!!.. by Guest

Submitted by Guest on Sat, 2008/09/13 - 22:55.

Hell no she's not working for Dale? Planet Wings and SG were not part of Medina at all. They gave tons of $ so Morg and Dale would sell their franchises. Thank goodness they are no longer working with Medina/Morg/or Dale.

Teresa is NOT working for Dale. by Guest

Submitted by Guest on Sat, 2008/09/13 - 17:17.

Do your research on San Gelato and GS Gelato which is owned by Simone and Guido....... Go "google" it or better yet, call the company....get your facts straight before you accuse an innocent person........She thinks Dale needs to be in prison just like the rest of us......

RE: Theresa is NOT working for Dale. by Guest

Submitted by Guest on Mon, 2008/09/15 - 08:01.

I wasn't trying to accuse anyone, I was trying to get the story straight. I applaude her for sticking to her guns and getting the heck out of there. Good for you Theresa!!!!

LETS CLEAR THIS UP ABOUT TERESA ST. CLAIR by Guest

Submitted by Guest on Sat, 2008/09/13 - 17:12.

Here is the "no holds barred" truth on Teresa St. Clair. She is NOT, and I repeat NOT employed with San Gelato and yes, it is in Fort Walton Beach. San Gelato is a franchise cafe which is born from GS Gelato. GS Gelato is owned by an Italian family. Yes, Teresa is Vice President of GS GELATO. She directs all of the wholesale dealings. San Gelato is a franchise, just like Planet Wings. They are the ones filing suit against Cuppys/Elite/Medina.....San Gelato and Planet Wings have given Morg and Dale money, over $150,000 just like us zee's and have nothing to show for it..... Lets get the facts straight people......Teresa St. Clair NEVER saw any money that was paid from zee's. She did not have the power to refund money. You need to check w/ the Snowdan dude for that refund power. And, we are all forgetting about Steve W. from finance, who hounded me for my SBA money. He's on my list to get too..... So, let me reinterate, GET OFF HER BACK......She is on our side, zee's. She is a wonderful person, she saw through the whole scam and got the hell out. This woman opened 30 Curves franchises when Curves was just beginning. She knows the franchise business as a franchisee and this smart, savvy business woman knows how to market. She is my mentor. And, I am going to be successful in my own independant coffee shop because of her!!!!!!!!!!!!!!!! All of you zee's need to listen to her as she is a plethora of information and help......

Re: LETS CLEAR THIS UP ABOUT TERESA ST. CLAIR by Guest

Submitted by Guest on Sat, 2008/09/13 - 17:43.

no one is forgetting about steve w, he made it happen

Theresa by Guest

Submitted by Guest on Sat, 2008/09/13 - 14:18.

Stopped working for dale the day of her resignation letter.

VERY IMPORTANT ANY FORMER CUPPY'S EMPLOYEE PLEASE READ!!! by Guest

Submitted by Guest on Thu, 2008/09/11 - 22:49.

I am a current franchisee. I am also a Java Jo'z licensee. A minority owner in our company is a local attorney 10 miles from the old Fort Walton Beach office. Our law office has found the loopholes and correct legal path to sue the hell out of Dale Nabors, FranSynergy, Elite Manufacturing, Java Jo'z, Medina Enterprises, Robert Morgan, Roy Snowden, Kim Snowden, Emerald Coast Manufacturing. ALL OF THEM AND MORE!!!! We have 3 other panhandle attorneys on board in this lawsuit to help! THIS LAWSUIT WILL SET THE PRECEDENT NEEDED FOR ALL OTHER SCREWED FRANCHISEES TO SUE EVERYONE TO GET THEIR MONEY BACK!!!! Please email me IMMEDIATELY as we need your statements and testimony to make this work!!!! My email is sjustice64@hotmail.com Thank you!

WHAT ABOUT BRIAN AND MORG by Guest

Submitted by Guest on Fri, 2008/09/12 - 09:55.

You need to ad Brian and Morg and to put leins on everything they own and I will jump on board.

Yes, Morg is as much to blame as Dale.... by Guest

Submitted by Guest on Fri, 2008/09/12 - 11:28.

and I WILL get my money from these bastards, "come hell or high water".

RE: Yes, Morg is as much to blame as Dale.... by Truth in Franchising

Submitted by Truth in Franchising on Fri, 2008/09/12 - 11:45.

Guest writes - "and I WILL get my money from these bastards, "come hell or high water."

Reply - What is your plan?

The Truth Shall Set You Free!

TIF

The Truth Shall Set You Free!

TIF

Re: RE: Yes, Morg is as much to blame as Dale.... by Guest

Submitted by Guest on Sat, 2008/09/13 - 18:24.

Little tiffy, while rubbing baby lotion on his red butt from his latest spanking, boldly returns to BMM and asks yet another question that everyone will ignore (except me). "Reply - What is your plan?" I spoke to him, and his plan is to send you and an army of your trolls to harass these bastards with claims of unpaid bridge tolls.

Re: Re: RE: Yes, Morg is as much to blame as Dale.... by Truth in Franchising

Submitted by Truth in Franchising on Sat, 2008/09/13 - 22:33.

You are a pitiful and pathetic Cowardly Guest Troll.

The Truth Shall Set You Free!

TIF

The Truth Shall Set You Free!

TIF

Re: Re: Re: RE: Yes, Morg is as much to blame as Dale.... by Guest

Submitted by Guest on Sun, 2008/09/14 - 19:20.

"You are a pitiful and pathetic Cowardly Guest Troll." Why thank you, tiffy. That's the nicest thing you've said to me lately. Is that baby oil getting the red out? Can you sit on a hard chair yet?

WAIT by Guest

Submitted by Guest on Thu, 2008/09/11 - 23:34.

Before any of the ex employees spend money with Weinstock, contact any of the ex real estate employees and ask what his master strategy was to get a location. That will give you a good idea of the worth behind the "master plan" on suing the company is.

Re: WAIT by Guest

Submitted by Guest on Fri, 2008/09/12 - 00:06.

No one is spending any money...why dont you reveal yourself Guest....ill be happy to reveal my master strategy to get a location...hard work on my part to try and find one. You know what Cuppy's strategy was to get a location for me? Hire a rip off company (MVG) that did nothing..i told them the 1st day they contacted me to jump on one site, they didnt do ANYTHING for 3 weeks after that. After the 3 weeks of them doing nothing, I called the real estate company and on the first try i got my answer "yesterday we just signed a lease with another coffee company". Seattle Drip now has the prime location i told mvg about 3 weeks earlier. That same company then gave me a proposed location in the crappiest location, with a low traffic count, HIGH RENT (i later talked to the owner of the property after MVG went away, and they said they could do it for 1000$ LESS than MVG offered me), and they were just starting a 4 year construction project on that side of the road, which impeded the flow of traffic and encroached on the planned site's location. THEN both Danny Jones AND Roy Snowden told me if i didnt open a location at that spot, ROY would open a store there asap. well its 4 years later and there is nothing there. it was a corporate threat for me to take a crappy location. THEN Ben Doyle kept giving me the crappiest locations or lied to me about the locations. One location off racetrack road was close to a tmobile store. he told me that the tmobile store was the #1 store in the country and traffic county was HIGH. turns out that store is not in the top 500 of tmobile stores. He also gave me 3 destin locations - one was a crappy strip mall location WAY outside of the main area of town. One was a cafe location with rent of 6000 per month, and another for 5500 per month rent. the last 2 stores ben told me corporate was gonna JUMP at the chance to open a store at those locations. Guess what? no cuppy's there either. another threat for me to take a crappy location. speaking of threats to take crappy locations, ask the now CLOSED oviedo, florida store about how he got threats also and lied to take his location. ANOTHER location the real estate department gave me was in Fort Walton Beach but they wanted 3500 a month rent....too high of rent when the 3 adjoining parcels were only charging 1300 a month rent (i found this out a little later) the real estate department SOMETIMES did some good, but most of the time they used threats and high pressure tactics to get people to committ to bad locations....i THANK GOD everyday i never listened to them....

Re: Re: WAIT by Guest

Submitted by Guest on Fri, 2008/09/12 - 01:18.

let me elaborate on MORE f* ups from Cuppy's: I knew a Wal Mart was going into Niceville 3 years before it got into the news. I wanted to pursue a Cuppys INSIDE the walmart. So I do all the background work on it, contacting wal mart, finding out how to do everything. Well I tell this to Morg, and he tells me to "hold off as Cuppy's is working with Walmart to be in all new opening walmarts!" i held off, and there are still ZERO cuppy's in walmarts. When we first put down the 30k deposit for a k3b unit, we were searching for locations etc etc. Well I have prior experience doing food booths at festivals. I had the idea of putting a coffee trailer together, specifically java joz/cuppys, since you never see a specialty coffee vendor at the festivals and fairs. So i do all the background work on trailer costs etc etc. I then find out that cuppy's offers equipment only packages. I thought, wow this is gonna work out fine. I could order a trailer, order equipment, and be on the road. well i explained my plans to Danny Jones and Robert Morgan, and they immediately shot the idea down, saying that a mobile coffee trailer would never work, and i need to keep looking for a k3b location. Well, 8 months later, Morg introduces the mobile units for sale and suddenly LOVES the idea of coffee at events. Talk about a screw job!!

The Latest from Medina by cuppyscoffee

Submitted by cuppyscoffee on Thu, 2008/09/11 - 13:11.

As you know, the last payroll has not yet been issued. Issuing payroll checks is the top priority.
Corporate is working diligently with strategic partners to put long-term financing in place. Negative press (blogs and emails) is preventing these relationships from moving forward in a timely manner and therefore making it difficult to fulfill financial obligations (paying employees or building out stores). More specific information about these partnerships will be made available as soon as it is finalized.
Anyone who has interest in this company succeeding, such as:
·     A past employee who wants to receive their last paycheck
·     A franchisee who wants their store built out
·     A franchisee trying to keep their store open and successful
must be patient and offer support to allow these relationships to solidify.
We are aware that many of you are already providing us with the support needed to be successful and we are very thankful. We ask for your continued support.
If you have not provided the corporate office with your forwarding email address (as a past employee), please send to updates@cuppys.com if you wish to receive future correspondence.

Message to Medina by Guest

Submitted by Guest on Fri, 2008/09/12 - 16:58.

Could you please contact the sign vendor? He has been trying to get in contact with you, having a wee bit of trouble. So he doesn't understand that he needs to be patient for payment even though you understood his payment terms when you ordered signs for my store. No worries, because he will just go after me for payment! Thanks so much, hoping you are having a lovely day at Cuppy's because my day really sucks!

Re: The Latest from Medina by Guest

Submitted by Guest on Fri, 2008/09/12 - 16:50.

Did they not notice that this was already posted and had received negative comments? Come on Amy and Dale..do a little research first

Cuppy's Lipstick is Quite Thick Now by Nick Bibby

Submitted by Nick Bibby on Wed, 2008/09/10 - 21:27.

I will gladly FedEx a tasty Quizno's MeatBall Sub to anyone who can start a comment string on another franchisor worthy of lipstick and replace this 'xxx' month old story.

It's not that I don't feel empathy for the investor franchisees, it's just that other franchisors need make-up too.

Nick Bibby is an international franchise consultant and a program developer dedicated to excellence in entrepreneurship.

Nick Bibby founded BibbyGroup.com, an organization dedicated to franchise and entrepreneurial excellence.

Re: Cuppy's Lipstick is Quite Thick Now by Guest

Submitted by Guest on Fri, 2008/09/12 - 11:46.

why dont you ups next day air that quiznos sandwich?? pre-pay your shipping and go drop it off at any ups store location where the store will make about 75 cents to ship your package instead of the 18 to 20 bucks they should get.

Fed Ex A Q Sub by Guest

Submitted by Guest on Thu, 2008/09/11 - 22:28.

You could store those slimeballs and they'd keep for years. The rats could get at em and they'd die from a lack of nutrition. And you can bet your bottom dollar (p)Rick, Dick, Tricky Dick, that loser Brennenman, and Dino wouldn't touch this dog slop with a 10 foot pole. Although Dino may sneak one every once in a while.

Cuppy's attorney quits by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:10.

Rudy Harper, attorney for Cuppy's Coffee, and Desiree Kahn, legal assistant handling refunds, have both resigned today and no longer work for the company. The last attorney left is Lou. Is he even allowed to practice law in the state of Florida or Alabama? With all of the legal issues Cuppy's is facing, perhaps it should have been high on Cuppy's priority list to at least pay their attorney his paycheck.

Rudy Harper by Guest

Submitted by Guest on Fri, 2008/09/12 - 19:48.

Rudy, I really wish you were still part of this program, I really needed your help in getting our lien removed. Thanks for shooting from the hip with me, I could count on good honest feedback even if it was not what I wanted to hear. Good luck my friend

Legal dept refund division... by Guest

Submitted by Guest on Thu, 2008/09/11 - 22:10.

Danny Jones is handling refund bullying tactics to force zees to settle

Re: Cuppy's attorney quits by Guest

Submitted by Guest on Thu, 2008/09/11 - 12:23.

I just spoke with Desiree Kahn and she stated that she did not quit.

RE: RE: Cuppy's attorney quits by Guest

Submitted by Guest on Thu, 2008/09/11 - 16:20.

That makes her (Desiree) an idiot.

Desiree Kahn by Guest

Submitted by Guest on Sat, 2008/09/13 - 01:51.

Hello this is Desiree: I thank everyone for there interest in my employment with Medina Enterprises Inc. I hope that everyone realizes that the matter of my employment is not something that I would like discuss on the bolgs. I wish everyone well. I hope that those who have been unhappy with Medina, Cuppy's, or any of the affiliate company's will handle this matter in a professional way. I understand that you feel you have not been treated that way, but I have lowered myself to getting nasty and realized that it really did not help me personally. The negative attention I have invested in this matter has caused me not to be able to move head in a positive way. I greatly apologize for the lives that have been affected by this matter. I have been affected as well. I have not been able to pay my rent or make my car payment. I am being evicted out of my home. I understand this is no ones problem but mine. I just feel that I should have been paid on time so that I could meet my obligations. I am hurting! By no means am I saying that you should not get from Medina, Cuppy’s, or any of its affiliates what is rightfully yours but in time this matter will be resolved one way or the other. I know that one day you will be able to get the thing that you have lost plus more, just as I will. Yes, I am angry and hurt but I realize that hurting back is not doing any good. Please understand do what you need to do to get what is rightfully yours. I would ask that who ever posted the comment about me being an idiot would reframe for addressing me in this manner. I respected everyone that I spoke with or worked with and I expect the same. May god bless everyone; we are all in this together.

Desiree Kahn by Guest

Submitted by Guest on Sat, 2008/09/13 - 09:24.

Yes, you did a wonderful job Desiree, and put up with so much crap. Even from your co-workers. You are a good person, almost too much heart, because a lot of times nobody would listen to you and you did the best you could with the authority you had. Onward with your future Des, I wish you the best. At least you don't have to deal with Lou's hatefull attitude. The people that don't know you, that's their loss. If they DID know you, they'd love you. The people that DO know you is who's opinion you must hold close. That's what really matters. Hugs!

Lou is not admitted in Florida or Alabama by Guest

Submitted by Guest on Thu, 2008/09/11 - 09:19.

Lou M. is not admitted in either Florida or Alabama, only Texas.

Re: Cuppy's attorney quits by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:27.

HEY!!!! All you Cuppy's franchisee's....take notice and listen up.....Back in April 2008 did you know that Cuppy's/Elite did a random company wide drug testing that terminated many wonderful Cuppy's employees, including my wonderful, dedicated FSM....She was awesome and did a much better job than the ones left behind....except for Jason, who was phenomenal.\ If the company could not pay their rent, payroll, how did they pay for a random, company wide drug test. I don't know if any of you realize it, but random drug testing in a company is EXTREMELY EXPENSIVE. In other words, this is where our money has gone to also.

bull by Guest

Submitted by Guest on Thu, 2008/09/11 - 04:21.

27 bucks a head. That's it. ya it's extremely expensive because they couldn't remember what we were telling them to do and we had to call 50 times to get an answer.

Re: Re: Cuppy's attorney quits by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:48.

Former Cuppy's-Elite employees: while you're chatting to your attorney about your missing paycheck, chat to him/her about this if you were subjected to it. Did Cuppy's have a written drug policy? In my state, employers can't do company-wide testing, all at once. They can test after a work place accident or do random testing as part of a drug-free work place. But most wouldn't, unless the employees were heavy equipment operators or something like that, because of the expense and legal implications when the tests turn out positive. This isn't random at all. Did Dale pee in a cup as well to set a good example? Did everyone pee or just certain people in certain positions? Seems as if Dale was just looking for reasons to can people. Having to toke up on the weekends because you have a crappy job at Cuppy's is as good of a reason as any. And now I am really hurt because they didn't share. It is the franchisees who needed to score the most.

Try replacing "Dale" with "Morg" in this post by Guest

Submitted by Guest on Wed, 2008/09/10 - 19:11.

The company wide drug testing was done under Morg's command.

Re: Try replacing "Dale" with "Morg" in this post by Guest

Submitted by Guest on Wed, 2008/09/10 - 19:21.

Did Morg's step-kids have to pee in a cup? What about Kim, Pam and her daughter and son-in-law?

Re: Re: Try replacing "Dale" with "Morg" in this post by Guest

Submitted by Guest on Wed, 2008/09/10 - 19:57.

Yes. They all had to take the random drug test, however, upper level managers were allowed to take the test the following day (when questioned, managers said that the drug testing facility was too busy to test all employees in one day so some managers were allowed an extra day for testing.). I do not know about Pam and Kim, but I do know that Morg's step kids were told by Morg the night before that there would be a drug test the following day so it was not that random for them. Also, the sales team was told the Friday before the test that there was going to be a drug test. Those were the only employees that were aware of the testing. For everyone else, it was a suprise. And the other comment is correct.. this happened under Morg and not Dale.

DUH by Guest

Submitted by Guest on Wed, 2008/09/10 - 21:38.

some of the sales staff were gone after the test and there were 2 VP's that resigned so they wouldn't have to take the test. Now what was that about sales people knew and so did upper Management?

Re: Re: Re: Try replacing "Dale" with "Morg" in this post by Guest

Submitted by Guest on Wed, 2008/09/10 - 21:18.

Well, wether it happened under Morg or what, it still benefited Dale raud" Nabors, as it cleaned house. Morg's daughter didn't get canned until the last, so I guess she came clean. Let's test Dale for.....let's say it all together.....FRAUD. I bet his pretty little young wife Natalie is going to Huntsville and Birmingham and buying '"authentic Coach handbags", as Dale stated in his Cuppy's Coffee College Fransenergy presentation that.....quote, unquote...."my wife can catch a fake Coach anywhere, she only has authentic Coach handbags". Yea, she has authentic Coach handbags with MY FREAKIN MONEY. I Wish I( could buy Coach handbags like Miss Natalie. And, I betcha, his kids go to private schools also. All you Yankees in the North......heads up.....down here in da South, especially in ALLA-DAM-BAMA, if you white.....you don't go to public school. What are the private schools in the Muscle Shoals, Hamilton, Alabama area and what do they cost. I will be doing some research on that. Thank you. Signed, I know how it's done down here in da Southeland.......

Re: Re: Re: Re: Try replacing "Dale" with "Morg" in this post by Guest

Submitted by Guest on Thu, 2008/09/11 - 09:25.

I prefer calling the state where the Nabors reside, "Scamabama". I think we can credit Sean Kelly for that nickname.

Bankruptcy Code 547 by Paul Steinberg

Submitted by Paul Steinberg on Tue, 2008/09/09 - 20:37.

Persons who are creditors of a company which is a prospective BR filer should consult appropriate legal counsel.

In particular, you should review the language and current case law under 11 U.S.C. 547 .

This is of special concern to those "depositors" receiving payments. To the extent that any payments are made while the debtor is insolvent, those may be "avoided" as "preferences."

What that means is that if you got money within 90 days prior to the filing, you may have to pay it back to the Trustee in Bankruptcy-- even if you are genuinely owed the money and took the money in good faith.

Moreover, payments made on account of an antecedent debt owed by the debtor before such payment was made may also be avoidable preferences.

What that means is that if you signed an agreement to be repaid in installments, you might have to give back money you received.

One way of dealing with this is to attempt to structure the money as a "contemporaneous exchange for new value" but if the court feels that there really is no new value, you will be screwed notwithstanding any written document attesting that the debtor and creditor are in agreement that new value was created.

Again, this info is provided for guidance only and if you fall into one of the aforementioned categories you really should speak to an attorney familiar with bankruptcy law.

Of course the salt in the wound for franchisees is that they may have to repay money to the Trustee and then the employees who sucked the franchisees dry will have a priority claim for unpaid wages [11 U.S.C. 507(a)(4)(A) ].

But such is the language of the Code.

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

Re: Bankruptcy Code 547 by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:30.

Hey Dale, Amy Hiller and all you other ass kissen Cuppy's assholes, how do you lay down at night after what you have done to us.....pieces of shit...............................

BR 547: Cat food by Paul Steinberg

Submitted by Paul Steinberg on Thu, 2008/09/11 - 17:38.

As someone has brought to my attention, related party ("insider") transfers can be avoided with a lookback period of a full year.

So if there is still any money which is not basking on some tropic isle, those former Cuppy's insiders could be forced to kick that in to feed the kitty.

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

Blow the whistle!!!!!!!!!!!!!! by Guest

Submitted by Guest on Tue, 2008/09/09 - 20:05.

I second Red Dawn! Any former Cuppy's employee who has my contact information may contact me anytime to feed me inside information. We would love to see Cuppy's have to answer for the lives they have destroyed. No one should be allowed to get away with this. Krista N.

Cuppys Franchise by Guest

Submitted by Guest on Tue, 2008/09/09 - 20:02.

Maybe now is the time for YOU ex-employees to blow the whistle. You know what Morg and Brian and maybe Dale were doing. I know that some of you kept our e-mails and phone numbers. Please contact us. We have lost our life savings. I for one will not rest until these jerks are in jail. Red Dawn

No Worries. Ex Employees will get theirs too by Guest

Submitted by Guest on Fri, 2008/10/10 - 23:19.

Trust me Red Dawn and anyone else out there. You are all mad at the employees who worked there and continued to watch this go on. Well let me assure you that most of what went on under Morg was hush hush and we all found out about it after Dale took over. Then Dale had a good relationship established with most of us by then. He put on his happ LIAR face and told us how he was going to better the franchise for both the better of the zees and for the employees who worked there. He had a strategy and it all sounded real good. He was even honest to most of us up to this point. By the time that anyone had realized that things had turned bad and something was definintely not headed in teh right direction, it was too late for us. The doors to the Fort Walton location were closing and all upper management was in Alabama already. Dale had been gone for weeks with very minimal communication to the offices. That's when the lieing actually began. Evey day he would tell us that he would be there the next day. Guess what the next day came and went and still no Dale. COWARD. So business continued as normal for those who were still working for the company and for those who were let go, a new door opened. Until paychecks were not disbursed. Then Dale LIED AGAIN telling us day after day that the money was going to be wired. IT NEVER WAS in case you were wondering. Most of the employees who worked there honestly worked there because they loved their job. NO NOT THE BOSS. Most employees had good relationships with their zees and good open communication. You can believe that they were there to hurt you but they weren't most of them are just as heart broken and beat up as you are. I know you don't want to hear that either but it's the truth. Trust me I am sure that many of the ex employees are doing the same things you are doing now. It's sad that you put your trust into someone and they fail you at that as well. Some people are just truly deceitful. Go get what is yours and make sure justice is served. Karma is a b$*&#. I am sure Dale will get what is coming to him. He knows that deep down inside. The one thing he does need to do is....................................................................STOP LIEING. JUST STOP!!!!!!!!!!!!!!!

MAYBE Dale????? How stupid are you????? by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:52.

Of course Dale.....

Re: Cuppys Franchise by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:23.

maybe Dale my ass. He knew what he was getting into. He has lied to me repeatedly about my dispursement of equipment. He is a piece of shit......

HERE HE HERE HE by Guest

Submitted by Guest on Fri, 2008/10/10 - 23:20.

YEAH A LIEING PIECE OF SH*T

Having a great day at Cuppy's! How can I help you! by Guest

Submitted by Guest on Tue, 2008/09/09 - 19:51.

NO PAYCHECK! BOO HOO! I have to say, nothing brings people into the relm of truth then when it impacts their pocket book. To all of you who have worked for Cuppy's of ther past 2 years and have greated us with your "Everythings going to be ok" attitude. Welcome to the team! Now, here is the time when you can practice what you've been preaching. Support Dale and Cuppy's as we've been doing even with our homes, hundreds of thousands of dollars and the future of our familys hanging in the ballance. We need you to buck up a little and get over it. This is a great company, If you want to be pissed, go call your friends Morg and Brian. I think they need more of your special attention, not Dale.

OMG, I'm so sick of people trying to blame Morg and Brian by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:51.

for all the crap going down. Like I said before Dale "Dumbass" Nabors knew what he was getting into when he bought this freakin' company. He wasn't a consultant for the past year for nothing. He was there all the time. He is the one that has shafted us all. Anybody who defends Dale "Dumbass" Nabors is a dumbass himself. Get over it. Yea, Morg is at fault too. He drives around Fort Walton/ Destin in his Jaguar and lives in a condo in Destin that he supposedly rents. His daughter was a wild hell raiser who got canned from the company after Dale Dumbass Nabors bought it. If we dig deeper we can find out all sorts of things about Robert Morgan, but the bottom line is.....he ain't the owner no more!!!!! So get over him and go after Mr. Fraud himself, Dale Nabors. Who used to be on "As The World Turns' in the early 80's. That's totally weird.....

Dale Nabors is NOT a Soap Opera Star by Guest

Submitted by Guest on Fri, 2008/10/10 - 23:06.

Come on I mean you have me rolling over in my chair here. There is not way that ugly man was on any soap opera. He has what we call a "radio face". If he had ever gone to any audition I can't see how they wouldn't have laughed in his face. Oh man. I sure could use that video right about now. Even some pics. I think I am going to cry I am laughing so hard.

Cuppy's (MORG AND BRIAN) CROOKS by Guest

Submitted by Guest on Thu, 2008/09/11 - 13:39.

Morg and Brian are the crooks here. I am not saying that Dale is not to blame. His problem is no contact with us. I for one will find out where Morg and Brian live and I will make sure that justice is served. If anyone wants to save some time feel free to post their addresses. Red Dawn

I'm with you Red Dawn, justice needs to be served by Guest

Submitted by Guest on Thu, 2008/09/11 - 13:55.

on all three of them, Morg, Brian AND Dale.....

Serving justice - Cuppy's issues by RichardSolomon

Submitted by RichardSolomon on Fri, 2008/09/26 - 09:21.

I am being called by Cuppy's franchisees. Some of them invested around $ 250,000 - simply mind blowing.

I am telling those who call me that I don't see a prospect for collectibility, and for that reason (1) I wouldn't consider even a partial contingent fee arrangement; and (2) I would decline to represent them even for cash in front because I cannot in good faith see $$$ at the end, even were we to win.

They are telling me that other counsel are urging them to file immediately.

If there is a competent litigator out there who can do this on the cheap, please identify yourself, and I'll send these folks to you - assuming I can satisfy myself that you are not just some bozo.--

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Having a great Day at Cuppy's! by Guest

Submitted by Guest on Thu, 2008/09/11 - 04:04.

Listen, I talked to Brian almost everyday durning our build out and everyday he gave me a new line of crap. I belive Brian was great at asking for money from Cuppy's without a PO, Change Order or Work Order invoice. I belive Morg took his word at face value and possibly thought Brian was keeping track of the money recieved. I believe Brian was over charging the Franchisee for services he did not do, and Morg didn't have a system in place that would verify his cash requests were spent on the project or Franchisee he requested moneys for. I know for a fact Brian over charged Cuppy's on our project then pointed his finger at our sub. Buy the way the sub is still not paid. Now how do you hand over money to Franchisee's when the middle man didn't keep good books and Cuppys has no clue what the funds were spent on, in fact they think all the money they gave Brian actually went to your job, so now it's a game of (Where in the hell did the money go) IT WENT INTO BRIAN AND MORGS BANK ACCOUNTS DUUUUU... Think about it. You buy a great company, you've watched it grow leaps over the past 7-8 months. You drag your family down to Florida to take ownership, you follow the rules to make sure you don't entertain a conflict of interest by pulling your primary company into the mix, then and only then you see how the real game is played. Brian asks you for money. Your no dumbass, (like me right?)and you start asking for Invoices before you send funds but guess what, this isn't the game Brian likes to play, he likes an open check to be spent on anything he wants and so now he's pissed at you. You have a choice, give the guy the money and hope it's going to the Franchisee (like Morg did) or hold back till he gives you an invoice. Now Brian is telling your franchisee's that he would love to work on your job but your holding up the funds, so to bad franchisee, Brian has no cause to be interested in the Franchisee, in fact he really don't give a crap because he's Brian Hays, owner of 400 acers of land and living good because I just took all your Franchisee's money ha ha. As the owner of Cuppy's you try to call him, he does not answer, you try to get him to take ownership of the jobes he's been charging you for. He has no interest in doing them till you give him an open check. WHAT DO YOU DO?) You fire him knowing you've now got to find someone else to build your stores up and guess what, you don't have their money, Brian does. So you start putting your own money into the pool to get the store owners up and running, then Brian puts a bogus lien on your franchisee's knowing that their agreements with their landloards will cause fines to take place. Now you need to fight those. Where the hell are you getting all your money? You can't touch the crap in the bank that has no tracking record of what goes to whom. What do you do? So far what I see Dale doing is something a lot of us wouldn't, He's staying in the battle, he has not cut the line and let the bait fall back in the water. He is doing it and I hope to God he has someone close to him telling him to keep at it. Dale now has our company in his hands, it has cancer and will die if he does not address the major parts first, He has got to cut the bad stuff out, and work from the core out to the ends. Some parts of this body may or may not make it as the core is getting fixed. We are in this catigory. Parts of the body that can stay alive should do everything they can to help build the company they invested their lifes into. Parts that have already died, need to seek help and do what ever they can to get their investments back if it's owed to them. Let me make this very clear, If Dale lets the core die, the entire company goes. My wife and I do not want to see that. I belive in what Dale can do, but I also know he can't do it if he's fighting every battle along the way, do I wish he would make more statement on what's going on or do more conference calls to keep us in the loop? you bet. Am I happy with were we are today. Nope, but bitching about it sure dosn't help. I wish you the best, You sound like a smart person just really fustrated. I understand.

OMG!! The BEST? Dale can do??!!?? by Guest

Submitted by Guest on Thu, 2008/09/11 - 21:53.

You are either the biggest liar next to Dale Nabors or psychotic. You have NO facts straight and you have twisted the truth in to fantasy. You know nothing about Brian or anyone else. Grow up and stop slandering and defaming someone who had nothing to do with the finances in Florida where the money actually ended up. The best Dale can and has done is called fraud and eventually the Feds will catch up with him. From the sound of you--you have not lost much if any money and are sitting in good shape. Until you get all the fact--not fantasy shut up!

RE: OMG!!! The BEST? Dale can do??!!?? by Guest

Submitted by Guest on Fri, 2008/09/26 - 08:20.

John, who had claimed sole ownership of SBT (who we all know by now lied) is an ex FBI agent. I sure am glad that a lier like John represents the FBI.

Why don't you pull your head out of Brian's ass by Guest

Submitted by Guest on Fri, 2008/09/12 - 19:43.

Even if I could spend the rest of this day telling you how much I've lost you would find a way to pin it on Dale. That's because you are a piece of shit who has his or her head so far up Brian's ass you couldn't see the light if someone put it in your freaken eye. You are part of the money that Brian took from me and other like me, you've been hired to jump in here and run Dales name into the ground. You are a hired hand, and I'll bet you've not once put your anything of value into this, but your doing a good job for Brian. I'm glad to see that my dollar bills went to someone as stupid as you, and I'm also glad to see Brian is still at it. First with the liens, now with this crap. Can you let Brian know I said hi, we shook hands once, I looked him in the eye and that short little piece of crap took my money and ran the very next day. I'm glad he found a friend like you. He's going to need one.

Having a great day at Cuppy's by Guest

Submitted by Guest on Thu, 2008/09/11 - 13:58.

It was not Brian's job to keep track of the money. Cuppy's did the billing for Elite as well as for themselves. Yous Sub isn't paid because again Cuppy's takes care of that. Brian was interested in the franchisee. He wanted to get everyone built out. He had constant calls from franchisee all day long. I have seen him fight for the franchisee with my own eyes. Don't speak of what you think you know. Dale promised to send money to Elite every week and never did. He even sent a check and then had someone call and tell them not to cash it because of no funds. I know Brian isn't innocent in all of this but Dale stopped everything when he took over even people's build outs. Dale does not care about the franchisees. Your a fool if you think he does. Leaving your company in his hands is a great mistake.

Not sure I can agree with you on this. by Guest

Submitted by Guest on Fri, 2008/09/12 - 02:11.

More then once I saw Brian fighting for the franchisee, smoke and mirrors my friend smoke and mirrors. He was really good at it! Anything to get you off the phone for at least a few days. Subs not paid because Mr Brian did not pay him, and Mr Brian had the money, I gave it to him. I actually feel sorry for the guy, he is clueless when it comes to construction, he has no idea what it cost to do a white box build out. And he thinks everyone who paid their money into the pot should pick up a paint brush and do the work. No problem, we did that and the lights and the tile, and the backsplash, and the signs, and the counters and a few cabinets. We did it because he couldn't get it right, Did we see any of our money back for assisting in getting our store open, a store that would not be open if we would have waited for his lazy ass to do somethng. nope. Re-read the statement again. He is headed to jail, you better believe it.

Brian an angel? by Guest

Submitted by Guest on Thu, 2008/09/11 - 14:30.

Oh Brian kept tack of the money alright. It went right into his pocket. He thinks he is in the clear. HA, YOU CANNOT HIDE IN THE SHADOWS. Indiana is a small state. Revenge is sweet.

RE: Brian an angel? by Guest

Submitted by Guest on Thu, 2008/09/11 - 14:42.

Brian can't even get Corporate to pay him so how is he keeping money that he never got?

RE: RE: Brian an angel?? by Guest

Submitted by Guest on Thu, 2008/09/11 - 14:51.

Check's were sent to Florida not Indiana. Brian Hayes was located at the Indiana office. Explain how Brian was pocketing moeny if they were sent to a location other than were he worked out of.

Re: Having a great Day at Cuppy's! by Guest

Submitted by Guest on Thu, 2008/09/11 - 08:21.

The title of the above essay is “Justification of fraud for the good of the company”. Please recall a previous posting by Mike Webster in which he said, “You cannot take money borrowed by A to pay off building out B, although you can certainly count on the support of B when that happens or is promised to happen.” I will also share personal correspondence from Dale in which he said, “I must do right by the Cuppy's brand even if and when that is not to the advantage of a particular franchisee.” If Dale really wanted to fix this company, he would have brought in equity that does not involve the involuntary investment by owners. How is his behavior in this respect any different from the prior management? He is/was apparently willing to continue to take their money and misappropriate it for uses other than their construction. It is just peachy that Dale can count on your support.

Re: Having a great day at Cuppy's! How can I help you! by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:32.

Oh God, quit blaming Morg and Brian....Dale knew what he wa getting in to also. He is the biggest lying piece of shit out there. You need to just listen to his 'FRANSENERGY" bullshit. His time is coming......

Grow Up by Guest

Submitted by Guest on Thu, 2008/09/11 - 04:12.

Prove it stupid.

Dale knew what he was getting in to.... by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:20.

You are absolutely right!!! Dale did know what he was getting in to. He was a consultant for 7-9 months. But listen all you zees... yes Dale has continued to do what Morg started but don't forget when you file lawsuits to be sure and include the following people who were part of the whole lies from the beginning and after Morg bought company from Roy: Roy Snowden; Robert Morgan; Ben Doyle; Danny Jones; Brian Hayes (SBT); John Rodesiler (SBT); the JJ'z and Cuppy's Sales people.

nice by Guest

Submitted by Guest on Tue, 2008/09/09 - 22:10.

Nice and True!

Endgame, then postmortem by Paul Steinberg

Submitted by Paul Steinberg on Tue, 2008/09/09 - 20:07.

"Guest" writes: If you want to be pissed, go call your friends Morg and Brian. I think they need more of your special attention, not Dale.

A good point.

The unpaid employees lived off of the life savings of franchisees and "depositors" for years. They knew why those phones were ringing off the hook and why franchisees (sometimes with attorneys in tow) were showing up unannounced in Ft Walton.

At that time, Mr. Morgan owned the company.

NOT Mr. Nabors.

Dale is to be faulted for many things and has taken justified criticism on BMM.

But if we are going to commence the post-mortem before the game is over, at least let us put the majority of blame with those who made their livelihood off of this scheme for these past years.

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

Yea, Yea, Yea, Mr Steinber, Morg owned the company by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:43.

but that slimy, filthy piece of shit Dale Nabors looked us in the eye and said I will get your store open, I will make you profitable and help you obtain a retirement. He knew what he was getting himself into. He is a lying, theiving, scroundral, what the hell has he done with over 2 million, and I stress 2 MILLION DOLLARS of franchisees money. Go ask the two Georgia zee's that he looked square in the eyes and said "write me another check and I'll get you open." He needs to be looking over his back over there in Ala-damn-bama. Mr. Steinburg, have you given him $200,000 of your hard, earned money that you are having to pay back month to month for nothing? All we ever wanted was to try and find a way to retire because working for blue collar America like my father did doesn't supply you w/ a retirement. Don't you dare defend Dale Nabors until you walk in our shoes.....

Cuppys $$ Puzzle by Paul Steinberg

Submitted by Paul Steinberg on Thu, 2008/09/11 - 17:44.

"Guest" writes: Mr. Steinburg, have you given him $200,000 of your hard, earned money that you are having to pay back month to month for nothing?

Um..no.

If I had a bank loan disbursed and no build-out, I would be on the phone to the loan broker in a heartbeat, and followup with certified letters.

Which brings me to a puzzle:

According to Funding Solutions, they were under the impression that all was peachy in Cuppyland. Until Michael Webster began making inquiries in connection with the (much maligned) AAFD investigation, the money was rolling in to Elite and the banks and loan broker say they had never had any indication of possible fraud.

This makes no sense. Either you (and those in your situation) are the most docile wimps on the planet, or those involved in the lending process were warned and chose not to derail the gravy train.

My understanding is that once Webster began sniffing around, one of the SBA loan recipients interviewed by Webster called her loan officer, who promptly froze all disbursements on Cuppy's projects.

After 2 years of money flowing like water, it only took 2 weeks after Webster made the Funding Solutions connection till that company took Cuppy's off of its website and loan recipients began calling their banks and the SBA Inspector General.

So my question for you "Guest" is: When you had the loan money disbursed but got nothing in return, what did you do?

Did you notify the loan broker and bank, or did you listen to the soothing words of the Cuppys/Elite/Medina/SBT/MBT/Emerald/JavaJoz etc. representatives?

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

Yes sir, Mr. Steinburg, that is what I have done.... by Guest

Submitted by Guest on Thu, 2008/09/11 - 22:51.

I have notified my bank, who were very, very interested in what I informed them of.... I have sent my letters through an attorney. And, no I am not sitting by and being a docile wimp. I have become the biggest fighter against this fraudulant joke of a man. Dale Nabors doesn't know how bad a pissed off bitch I am...... Can we retrieve any of our money we invested???? Probably not, as Cuppy's has none. But we will fight......

Attorney letters by Paul Steinberg

Submitted by Paul Steinberg on Fri, 2008/09/12 - 14:59.

Unless you are dealing with an unsophisticated person or entity, nasty attorney letters generally are useless and often counterproductive.

On the other hand, a factual attorney letter to a regulatory agency or bank which sets forth the legally-relevant circumstances may be productive.

I would certainly have your attorney contact Mr. Webster, who did quite a bit of research while conducting the AAFD investigation.

As to recovery of monies, it is true that Cuppy's is likely judgment-proof. But there are various legal theories of recovery against other parties, who might have money or insurance coverage.

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

THis may be the most constructive suggestion made on the subject by RichardSolomon

Submitted by RichardSolomon on Sat, 2008/09/27 - 07:14.

The fact pattern really is bad enough to enthuse a prosecutor. The target is too weak to put up much of a defense. Prosecutors like easy fights.

The problem I see is that you may have waited too long to get the real culprits. If there is a Statute of Limitations issue, a prosecutor won't invest the resources. They have to prioretize their task. Easy cases that have juicy headline potential are at the top of their list.

If you really want to get a prosecutor enthused, spend enough money (as a group) to have a really competent attorney put the case together for the prosecutor and just hand it to him on a platter so all he has to do is file it.--

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Oh, and by the way-- by RichardSolomon

Submitted by RichardSolomon on Sat, 2008/09/27 - 07:23.

The attorney who knows the most about it is Paul Steinberg, so you would be way ahead and use your money most efficiently if you hired him to put the case together for a prosecutor.

I have a client who is an ex Florida prosecutor, so the skids might be able to be greased for this if it is done NOW! (The poor bastard left the attorney general's office to buy a franchise)--

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Dale Nabors-Fraud Allegations by Guest

Submitted by Guest on Fri, 2008/10/10 - 17:32.

I am in the process of getting all the facts to my attorney regarding my speceific fraud allegations against Dale Nabors.I have been working with Steve in finance to get his testimony of the fraudelent invoices that he says he was told by Dale to create to send to the banks so that the banks would send the money.He also told me that Dale told him that the money being sent by the banks was not going to be used for projects but rather was being used to finance the move to Alabama.Steve [after some coersion ] has agreed to let me post his e-mail address so that anyone wishing to contact him looking for specific information you would need for your fraud allegations against Dale he would give you all that he knows. His e-mail adress is wesolowski.steve@yahoo.com.He indicated to me that Dale has committed fraud on at least 14 projects that he knows of.Contact Steve and lets put this man in JAIL.

another lawsuit by jd

Submitted by jd on Fri, 2008/10/10 - 17:57.

It looks like Medina & Fransynergy are being sued by the former CFO as well:

http://dockets.justia.com/docket/court-flndce/case_no-3:2008cv00457/case_id-51868/

Who Knows the Most by michael webster

Submitted by michael webster on Sat, 2008/09/27 - 11:42.

Richard writes: "The attorney who knows the most about it is Paul Steinberg, so you would be way ahead and use your money most efficiently if you hired him to put the case together for a prosecutor."

The idea is a good one, but I daresay that it is unlikely that Paul knows more about this travesty than I do!

Lucky us.

Michael Webster PhD LLB
Franchise News

Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"

If you were licensed in the USA I would have recommended you too by RichardSolomon

Submitted by RichardSolomon on Fri, 2008/10/10 - 18:50.

I wasn't slighting you for any merits reason

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Oh, and by the way.... by RichardSolomon

Submitted by RichardSolomon on Fri, 2008/10/10 - 18:53.

The Federal Court here in Houston just denied Wiireless Toyz motion for summary judgment of dismissal in its entirety.--

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Congratulations by michael webster

Submitted by michael webster on Fri, 2008/10/10 - 21:38.

Good for you!

Will there be a written decision?

Michael Webster PhD LLBFranchise News

Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"

And on another note - sorry for the short notice - by RichardSolomon

Submitted by RichardSolomon on Sat, 2008/09/27 - 08:02.

there are 14 places left (as of this momrnt) at a wonderful Schramsberg vintner's dinner at The Reef here in Houston on Octobre 1st.

The chef, Bryan Caswell, a protege of Jean George Vongerichten, used to work in our restaurant in Brenham Texas.

I just learnt of it this morning, and apologise for the short notice. I plan to bring the lovely Belinda if I can get her to agree to be seen in public with me. Bryan was her favorite, so I may get lucky.

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Business thoughts on The Reef by Guest

Submitted by Guest on Sat, 2008/09/27 - 11:38.

How fabulous is Caswell and The Reef? If they are top-notch, at what point would you recommend to the owner that they expand? What are some trigger points that you look at in a restaurant that has you begin to think that it should expand?

Chef Caswell of The Reef already has another restaurant in by RichardSolomon

Submitted by RichardSolomon on Wed, 2008/10/01 - 15:00.

development. When you become a celebrity chef and actually make money for your investors, as do folks like Emril Legasse and Mario Batali and Herr Puck, you can do as many as you can coach.

Unit development may slow if money gets tight enough, but if high rollers still are throwing it around, getting the money will be easy.--

Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School

Loan Disbursements by michael webster

Submitted by michael webster on Thu, 2008/09/11 - 19:12.

If your SBA guaranteed loan was disbursed, and you did not receive the full benefit of the loan, you need to do several things: a) get from Funding Solutions the earnings projections that they made to your SBA loan provider, b) get a copy of the invoices that the loan was disbursed against, c) contact the third parties who provided the invoices to ensure that the work was done, and d) take all this information to a competent franchise lawyer.

Michael Webster PhD LLB
Franchise News

Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"

Re: Endgame, then postmortem by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:21.

but you know what,.....sweet Paulie????? I know of two Georgia franchisess that have paid in 150,000 and they showed up in Fort Walton on July 31st wanting their stores open, and Mr. Wonderful Dale Nabors looked them square in the eye and said, guote, un-guote...."pay me another $40,000, oh, I'll give you a break, minus $10,000, and I'll get up open", they paid him that amount on July 31st, 29008, are they open......hell no....where is that money, private school, designer clothes, handbags for Natalie, Dale stated Natalie could tell a Coach authentic froma Coach fraud. Hell yea, I guess so,,,,, with my freaking damn money she can......

Cheap Coach handbags by Paul Steinberg

Submitted by Paul Steinberg on Thu, 2008/09/11 - 16:46.

My office is walking distance to Canal Street. They have a lot of designer stuff, so I'm sure you can get Coach handbags cheap. Heck, the Rolex watches are only $10; even less if you can haggle in Cantonese.

Better hurry up though, cause Mayor Bloomberg is trying to take away your constitutional right to a cheap knockoff.

On a serious note: Ditto to the GA zees my question above: when did you contact the loan broker and bank to notify them of potential fraud?

(Oh, I'm sorry: you may not have realized that when someone gets $150,000 to construct a store and doesn't construct anything that is fraud. You'd have to be reeel sophisticated to figure that one out.)

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

Jail Time by Guest

Submitted by Guest on Thu, 2008/09/11 - 17:14.

I wonder what Brian and Morg's family members will do when the are in jail. I hope they will be in as much pain as my family is. You can run but you can't hide.

Why I fault Dale by Paul Steinberg

Submitted by Paul Steinberg on Thu, 2008/09/11 - 17:21.

An understandable sentiment, and that is why I fault Dale Nabors: It may be that Nabors' plan was the best (if not only) hope to salvage Cuppys, but it should not have stopped Nabors from holding the previous management and owner to account.

Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400

Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400

Re: Why I fault Dale by Guest

Submitted by Guest on Thu, 2008/09/11 - 19:40.

Paul, if you are aware of a plan that Dale put together to salvage Cuppy's, please share. What would stop him from holding previous management and owner accountable? Maybe he wasn't planning on changing much but keeping more of the spoils to himself?

Two GA zees... by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:29.

This is a true statement! Even at the last 3 Coffee College trainings, Dale met with each zee and eye-to-eye told them he promised to have them open by a particular date which has come and gone and they are still not open. Hell there has been no movement hardly at all on any of the zees since Dale bought company. That's been 4 months. Where is the money going?

Third GA zee..... by Guest

Submitted by Guest on Wed, 2008/09/10 - 23:27.

Amy Hiller promised us around the third week in August that our equipment and furniture was "coming our way" and she would be calling us back with tracking numbers. Well, Miss Amy Hiller.....I am still waiting on my equipment, furniture and my tracking numbers so I can "track said equipment". Whew, I ain't holding my breath. How do you know when Amy Hiller, Dale Nabors are telling a lie??? WHEN THEIR LIPS ARE MOVING!!!!!! Guess what, I got my own equipment, furniture and am opening my coffee shop independently. Also, any franchisee that is currently open and sending these theiving crooks any royalty money are....DUMBASSES!!!!! I wouldn't send them dog shit from my back yard!!!!!!

This sucker is going to jail.......and if he don't, then the by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:36.

justice system is crooked.....

Like I posted before, money is going to private schools for by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:34.

Dale's kids. Who sends their kids to public school in Ala-damn-bama. When he spoke at our Coffee College, he said "my wife can spot a Coach fake within a mile, my wife only buys name brand". No tellin' how many homes he owns. I'm researching that one. Bein' in Georgia, driving to Muscle Schoals ain't that far. No tellin' what the man and Miss Natalie drive. He is a joke, but his time is coming......

Re: Re: Endgame, then postmortem by Guest

Submitted by Guest on Wed, 2008/09/10 - 18:32.

If anyone is keeping track, that is a couple of hundred thousand that Nr. Nabors reportedly took in July alone. Did anyone of these people get built out? For that amount of money, Natalie should upgrade to Fendi or Louis Vuitton. There is great resale value for when the IRS comes knocking at your door.

Hey, Natalie lives in Ala-damn-bama, she probably by Guest

Submitted by Guest on Wed, 2008/09/10 - 23:30.

doesn't know about Fendi or Louis Vuitton. IRS, Ala-damn-bama Penitentary, hey Natalie, how do you and Dale look in stripes?????

Having a great day at Cuppy's, How can I help you! by Guest

Submitted by Guest on Tue, 2008/09/09 - 22:26.

To all the Employee's who didn't get paid. I want to make sure you hear what you told us every time we called and needed help. Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Let me check into that and get back to you. Never call back, never get back to me. and when I call you and again I'm mad Here is what I get. Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Let me check into that and get back to you. Never call back, never get back to me. and when I call you and again I'm mad Here is what I get. Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Let me check into that and get back to you. Never call back, never get back to me. and when I call you and again I'm mad Here is what I get. Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Let me check into that and get back to you. Never call back, never get back to me. and when I call you and again I'm mad Here is what I get. Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Breathe Just Breathe Let me check into that and get back to you. Never call back, never get back to me. and when I call you and again I'm mad Here is what I get.

Just Breathe by Bob Frankman

Submitted by Bob Frankman on Wed, 2008/09/10 - 09:37.

I think this must be my long lost cousin because this post definitely has the Frankman stamp of humor!

Welcome Cousin Cuppycina. LOL!

Don't you love these start-up franchises that fill their support staff with cheap greenies who create hodge-podge systems that couldn't respond out of a paper bag while these newbies learn what works and doesn't work?

Breathe, Just Breathe by Guest

Submitted by Guest on Wed, 2008/09/10 - 06:39.

Who at Cuppy's fed you that crap?

Just Breathe... by Guest

Submitted by Guest on Wed, 2008/09/10 - 22:33.

Almost every employee because they (at the time) still believed Dale and that he was going to be bringing in lots of $ to get things moving. That's what he told all of the employees. They were foolish to believe in Dale. He is a con-artist.

Franchisee Association Not High on Cuppy's Priority List

244 Comments

Comment viewing options

Post new comment

More like this

Search by company