IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 1021-00006
VERIMARK HOSPITALITY GROUP INC., a Delaware corporation,
Plaintiff,
v.
COASTAL PALMS FRANCHISE HOLDINGS LLC, a Florida limited liability company; RANDALL BRECKER, individually; SUNCOAST ROOM MANAGEMENT INC., a Florida corporation,
Defendants.
___________/
SUMMONS
SUMMONS / NOTICE TO APPEAR
Issued Pursuant to Florida Rule of Civil Procedure 1.070
TO: RANDALL "RANDY" BRECKER, individually
Last Known Address for Service of Process: 9500 Gulf Shore Drive, Suite 450 Naples, Florida 34108
(Principal office address of Coastal Palms Franchise Holdings LLC, where Randall Brecker serves as Managing Member)
NOTE: Randall Brecker is named as an individual defendant in Count X (Civil Conspiracy) of the Complaint filed herein.
NOTICE OF SUIT
PLEASE READ THIS SUMMONS CAREFULLY. YOU HAVE BEEN SUED. THIS IS A COURT DOCUMENT. YOUR IMMEDIATE ATTENTION IS REQUIRED.
YOU ARE HEREBY NOTIFIED that a civil action has been filed against you, RANDALL BRECKER, individually, in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida. The case is styled:
Verimark Hospitality Group Inc. v. Coastal Palms Franchise Holdings LLC, Randall Brecker, and Suncoast Room Management Inc.
Case No.: 1021-00006
Nature of the Action: This action arises from claims for breach of contract, fraudulent concealment, civil conspiracy, and related causes of action stemming from the systematic underreporting of Gross Room Revenue under franchise agreements entered into between Plaintiff Verimark Hospitality Group Inc. and Defendant Coastal Palms Franchise Holdings LLC. The Complaint alleges that the Defendants engaged in a coordinated scheme to divert and conceal franchise revenues properly owed to the Plaintiff under the applicable franchise agreements.
Specific Count Directed at Randall Brecker Individually: You are named as a Defendant in Count X — Civil Conspiracy, which alleges that you, Randall Brecker, individually and in your capacity as Managing Member of Coastal Palms Franchise Holdings LLC, conspired with Suncoast Room Management Inc. to divert and conceal franchise revenues owed to the Plaintiff, and that you personally directed and participated in the acts constituting the conspiracy alleged in the Complaint.
RESPONSE REQUIREMENT
YOU ARE REQUIRED to serve your written defenses to the Complaint filed in this action on Plaintiff's attorney, whose name and address are set forth below, within twenty (20) days after service of this Summons and Complaint upon you, exclusive of the date of service, in accordance with Florida Rule of Civil Procedure 1.140(a)(1). Your written defenses must comply with all applicable Florida Rules of Civil Procedure.
WARNING — FAILURE TO RESPOND: If you fail to serve written defenses to the Complaint upon Plaintiff's attorney within the time prescribed above, a default will be entered against you for the relief demanded in the Complaint. Such relief may include, but is not limited to, a monetary judgment against you individually in the approximate amount in controversy of $150,000,000.00 (ONE HUNDRED FIFTY MILLION DOLLARS AND NO/100), together with prejudgment interest, costs, attorneys' fees, and such other and further relief as the Court deems just and proper.
You are further advised that your failure to respond may result in the Court entering a default final judgment against you without further notice or hearing, as permitted under Florida law.
PLAINTIFF'S ATTORNEY INFORMATION
All written defenses, responsive pleadings, and other papers required to be served shall be served upon Plaintiff's counsel at the following address:
Priya Anand, Esq. Florida Bar No. 0087451 CALDERWOOD & HARKNESS LLP 110 SE 6th Street, Suite 2800 Fort Lauderdale, Florida 33301 Telephone: (954) 761-8200 Facsimile: (954) 761-8201
Email: panand@calderwoodharkness.com
Secondary Email: litigation-service@calderwoodharkness.com
COMPLAINT FILING DATE
The Complaint in the above-styled action was filed on March 7, 2022, with the Clerk of the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida.
ISSUANCE
DATE OF ISSUANCE: March 7, 2022
This Summons is issued by the Clerk of the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, pursuant to Florida Rule of Civil Procedure 1.070.
BRENDA D. FORMAN CLERK OF THE CIRCUIT COURT SEVENTEENTH JUDICIAL CIRCUIT BROWARD COUNTY, FLORIDA
By: ________
Deputy Clerk
Print Name: ________
Date: March 7, 2022
[SEAL]
IMPORTANT NOTICES / WARNINGS TO DEFENDANT
IMPORTANTE — AVISO AL DEMANDADO:
Si usted no puede leer o entender este documento, usted ha sido demandado en un tribunal. Este documento es una citación judicial emitida por el Tribunal de Circuito del Decimoséptimo Circuito Judicial del Condado de Broward, Florida. Tiene un plazo limitado para responder a la demanda presentada en su contra. Si no responde dentro del plazo establecido, el tribunal puede dictar una sentencia en rebeldía en su contra por la cantidad reclamada en la demanda, sin audiencia previa ni notificación adicional. Se le recomienda encarecidamente que busque asistencia legal de inmediato. Si no puede pagar un abogado, comuníquese con el Colegio de Abogados del Condado de Broward para obtener información sobre servicios de asistencia legal.
AMERICANS WITH DISABILITIES ACT (ADA) NOTICE:
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator for the Seventeenth Judicial Circuit Court of Florida:
ADA Coordinator Broward County Courthouse 201 SE 6th Street Fort Lauderdale, Florida 33301 Telephone: (954) 831-6300 TDD/TTY: (954) 831-7721
Requests for accommodation must be made at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days. If you are hearing or voice impaired, call 711 for the Florida Relay Service.
NOTICE REGARDING ATTACHED COMPLAINT:
Please be advised that a copy of the Complaint filed in this action, together with all exhibits attached thereto, is attached to and served with this Summons. You are required to read the Complaint in its entirety and respond accordingly within the time period set forth above.
SERVICE OF PROCESS INSTRUCTIONS
The following instructions are directed to the process server and are not part of the notice to the Defendant.
THIS SUMMONS IS TO BE SERVED UPON:
RANDALL "RANDY" BRECKER, individually
Service Address: 9500 Gulf Shore Drive, Suite 450 Naples, Florida 34108
Method of Service: Personal service upon Randall Brecker, individually, pursuant to Florida Statute § 48.031. This Summons and the attached Complaint shall be delivered directly to the above-named Defendant by leaving copies thereof with him personally, or, if permitted by applicable law, by leaving copies at his usual place of abode with any person residing therein who is fifteen (15) years of age or older and informing said person of the contents thereof.
Return of Service: The person serving this Summons shall promptly file a return of service (affidavit or certificate of service) with the Clerk of the Circuit Court of the Seventeenth Judicial Circuit, Broward County, Florida, indicating the following:
(a) The date of service;
(b) The time of service;
(c) The manner of service (i.e., personal service on the Defendant, substitute service, or other authorized method);
(d) The identity of the person served, including a physical description if service was not made directly upon the named Defendant;
(e) The address at which service was effected; and
(f) Any other information required by Florida Statute § 48.031 or applicable rules of procedure.
The return of service shall be executed under oath and filed as soon as practicable, but in no event later than the time prescribed by the Florida Rules of Civil Procedure.
ATTACHED DOCUMENTS
The following documents are attached to and served with this Summons:
1. Complaint (10 Counts), filed March 7, 2022, in Case No. 1021-00006, in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, together with all exhibits thereto.
2. Civil Cover Sheet, as required by Florida Rule of Judicial Administration 2.525.
— END OF SUMMONS —