IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-02528-JKL-CBS
CHRISTOPHER BRAY, et al.,
QFA ROYALTIES LLC,
DEFENDANT'S NOTICE OF PROPOSED ORDER AND MOTION FOR ENTRY OF
Defendant QFA Royalties LLC ("Quiznos"), by its attorneys, hereby provides a proposed
order to preserve the status quo pending a hearing on Plaintiffs' Motion for Preliminary
1. By order dated December 19, 2006 (Doc. No. 15), this Court ordered that the
parties meet and confer in an effort to agree on the terms of an appropriate TRO,
which would preserve the status quo ante pending a hearing on the merits on
Plaintiffs' Motion for Preliminary Injunction ("Motion").
2. Quiznos undertook two actions immediately upon receipt of the Court's
December 19, 2006 Order.
a. First, it stayed enforcement of the termination of the franchise agreements
at issue and ensured that all franchise agreements at issue will remain in
full force and effect pending the full hearing and decision on Plaintiffs'
Case 1:06-cv-02528-JLK Document 23 Filed 12/21/2006 Page 1 of 5
Bray et al v QFA Royalties
Motion. In this regard, Quiznos contacted suppliers and instructed them
to resume deliveries to those to whom deliveries had been suspended and
ensured that the suppliers of product to all stores at issue would continue
to supply those stores pending hearing and ruling on Plaintiffs' Motion.
Quiznos also ensured that its personnel would comply with Quiznos'
obligations under the franchise agreements. All of the stores are open and
operating and Quiznos will continue to treat each franchisee and store as
such pending a decision on the merits of the pending Motion.
b. Second, Quiznos counsel made efforts to confer with counsel for
Plaintiffs. Attorneys Cohen and MacPhee together called and left a
message with attorney Stross and requested that he