Janet Sparks reports at BlueMauMau that after six years of litigation with Dunkin’ Donuts over losing his six stores and store development agreements to open new restaurants, franchisee Irwin Barkan was convinced that the franchisor intentionally interfered in his efforts to refinance his debt. Now because of new information he has discovered on his own, Barkan feels even stronger in his beliefs.
He said there is no doubt in his mind that Dunkin’ stopped the financial restructuring in its tracks, pushing his company into bankruptcy in order to eliminate him from the system.
On October 12, 2010, Barkan sent Dunkin’ Donuts CEO Nigel Travis a certified letter with a link to a video, copying general counsels Richard Emmett and Arthur Anastos. The professionally taped video shows an interview by Barkan of Shelly T. Rush, former vice president of CIT, at that time the financial arm for Dunkin’s franchisee loan program. Although Dunkin’ attorneys had informed Barkan that Rush was terminally ill, unable to testify by deposition prior to his December trial, the video tells a different story.
Dunkin’ attorneys Arthur Pressman and Jeffrey Brenner of Nixon Peabody had successfully petitioned the court in September 2009 to depose Rush and subordinate Laura Sneed, stating both “played a critical role at all relevant times to the action.” Rush, the only individual authorized to accept or decline Barkan’s refinancing of debt, as per his 2004 settlement agreement, was not subpoenaed to give depositions. Instead, Dunkin’ only subpoenaed Sneed to give testimony in Arizona, where both were employed prior to their division of CIT being acquired by Wells Fargo.
Read more at: BlueMauMau