IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
Case No. 1021-00006
VERIMARK HOSPITALITY GROUP INC., a Delaware corporation,
Plaintiff,
vs.
COASTAL PALMS FRANCHISE HOLDINGS LLC, a Florida limited liability company; RANDALL BRECKER, individually; and SUNCOAST ROOM MANAGEMENT INC., a Florida corporation,
Defendants.
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JOINT STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff Verimark Hospitality Group Inc. ("Verimark" or "Plaintiff"), by and through its undersigned counsel, Calderwood & Harkness LLP, and Defendants Coastal Palms Franchise Holdings LLC ("Coastal Palms"), Randall Brecker, individually, and Suncoast Room Management Inc. ("Suncoast") (collectively, "Defendants"), by and through their undersigned counsel, Whitfield, Barrow & Crane LLP, hereby jointly stipulate and agree to the dismissal of the above-captioned action pursuant to Florida Rule of Civil Procedure 1.420(a)(1)(B). The parties represent to the Court that they have reached a confidential settlement resolving all disputes between and among them in this action. The terms and specifics of the parties' settlement are not disclosed herein. Based upon the foregoing, the parties stipulate and agree as follows:
1. Dismissal of Plaintiff's Claims. Plaintiff Verimark Hospitality Group Inc. hereby dismisses with prejudice all claims asserted against Defendants Coastal Palms Franchise Holdings LLC, Randall Brecker, individually, and Suncoast Room Management Inc. in the Complaint filed on March 7, 2022, including but not limited to the following:
(a) Count I — Breach of Contract (Royalties);
(b) Count II — Breach of Contract (Marketing Fund Contributions);
(c) Count III — Breach of Contract (Technology Fees);
(d) Count IV — Breach of Implied Covenant of Good Faith and Fair Dealing;
(e) Count V — Fraudulent Concealment;
(f) Count VI — Negligent Misrepresentation;
(g) Count VII — Unjust Enrichment;
(h) Count VIII — Declaratory Judgment (Franchise License Agreement Termination);
(i) Count IX — Accounting; and
(j) Count X — Civil Conspiracy.
2. Dismissal of Defendants' Counterclaim. Defendant Coastal Palms Franchise Holdings LLC hereby dismisses with prejudice all counterclaims asserted against Plaintiff Verimark Hospitality Group Inc. in the Answer, Affirmative Defenses, and Counterclaim filed on April 18, 2022.
3. With Prejudice. All dismissals set forth herein are with prejudice, meaning that the claims and counterclaims dismissed pursuant to this Joint Stipulation may not be refiled, reasserted, or otherwise pursued by any party in any court, tribunal, arbitral forum, or other forum of any kind.
4. Settlement Reference. The parties have entered into a confidential settlement agreement resolving all matters at issue in this action. The terms and conditions of such settlement agreement are confidential and are not disclosed herein. The Court need not retain jurisdiction to enforce the parties' settlement agreement, as the settlement agreement contains its own enforcement provisions, including provisions for acceleration, security, and dispute resolution, and the parties do not request that the Court retain jurisdiction for that purpose.
5. Costs and Fees. Each party shall bear its own attorneys' fees and costs incurred in connection with this action. No party shall be entitled to seek or recover attorneys' fees, costs, or expenses from any other party arising out of or related to this litigation.
6. Prior Orders. Nothing in this Joint Stipulation shall affect the finality or enforceability of any orders previously entered by this Court in this action, except to the extent superseded by the parties' settlement and by the Order of Dismissal entered pursuant to this Stipulation. The parties acknowledge that the Court's Order dated February 9, 2024, granting Plaintiff's Motion for Partial Summary Judgment on Counts I and II, shall be rendered moot by the entry of a final order of dismissal with prejudice consistent with this Stipulation.
7. Authority. Each undersigned counsel represents that he or she has full authority from his or her respective client or clients to execute this Joint Stipulation of Dismissal with Prejudice on their behalf and to bind them to the terms set forth herein.
WHEREFORE, the undersigned parties respectfully request that the Court enter an Order dismissing this action, including all claims and counterclaims, with prejudice, with each party bearing its own attorneys' fees and costs. A proposed Order is attached hereto for the Court's convenience.
CALDERWOOD & HARKNESS LLP
By: ________
Priya Anand, Esq. Florida Bar No. 0087451 110 SE 6th Street, Suite 2800 Fort Lauderdale, FL 33301 Telephone: (954) 555-2800
Email: panand@calderwoodharkness.com
Counsel for Plaintiff Verimark Hospitality Group Inc.
Date: April 26, 2024
WHITFIELD, BARROW & CRANE LLP
By: ________
Nathan Whitfield III, Esq. Florida Bar No. 0064219 1221 Brickell Avenue, Suite 3000 Miami, FL 33131 Telephone: (305) 555-3000
Email: nwhitfield@whitfieldbarrow.com
Counsel for Defendants Coastal Palms Franchise Holdings LLC, Randall Brecker, individually, and Suncoast Room Management Inc.
Date: April 26, 2024
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 26, 2024, a true and correct copy of the foregoing Joint Stipulation of Dismissal with Prejudice was served via the Florida Courts E-Filing Portal and by electronic mail upon the following:
Nathan Whitfield III, Esq. Gabriela Montes, Esq. Ethan Doyle, Esq. Whitfield, Barrow & Crane LLP 1221 Brickell Avenue, Suite 3000 Miami, FL 33131 nwhitfield@whitfieldbarrow.com gmontes@whitfieldbarrow.com edoyle@whitfieldbarrow.com Counsel for Defendants
By: ________
Priya Anand, Esq. Florida Bar No. 0087451 Calderwood & Harkness LLP
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
Case No. 1021-00006
VERIMARK HOSPITALITY GROUP INC., a Delaware corporation,
Plaintiff,
vs.
COASTAL PALMS FRANCHISE HOLDINGS LLC, a Florida limited liability company; RANDALL BRECKER, individually; and SUNCOAST ROOM MANAGEMENT INC., a Florida corporation,
Defendants.
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ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE having come before the Court upon the Joint Stipulation of Dismissal with Prejudice filed by the parties, and the Court having reviewed the Joint Stipulation, and the Court being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
1. All claims asserted by Plaintiff Verimark Hospitality Group Inc. against Defendants Coastal Palms Franchise Holdings LLC, Randall Brecker, individually, and Suncoast Room Management Inc. in the Complaint filed on March 7, 2022, including Counts I through X, are hereby DISMISSED WITH PREJUDICE.
2. All counterclaims asserted by Defendant Coastal Palms Franchise Holdings LLC against Plaintiff Verimark Hospitality Group Inc. in the Counterclaim filed on April 18, 2022, are hereby DISMISSED WITH PREJUDICE.
3. Each party shall bear its own attorneys' fees and costs.
4. This Court reserves no jurisdiction over this matter except as may be necessary to enforce this Order.
5. The Clerk of Court is directed to close this case and all pending motions are hereby DENIED AS MOOT.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this \\\\\\ day of April 2024.
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HON. RICHARD M. CALLOWAY Circuit Judge, Seventeenth Judicial Circuit
Copies furnished to:
Priya Anand, Esq. Calderwood & Harkness LLP 110 SE 6th Street, Suite 2800 Fort Lauderdale, FL 33301
Nathan Whitfield III, Esq. Whitfield, Barrow & Crane LLP 1221 Brickell Avenue, Suite 3000 Miami, FL 33131