IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 06-CV-02528-JLK-CBS
______________________________________________________________________________
BRAY et al.,
Plaintiffs,
vs.
QFA ROYALTIES LLC,
Defendant.
______________________________________________________________________________
DECLARATION OF PLAINTIFF RICHARD NEWKIRK
______________________________________________________________________________
I, Richard Newkirk, declare as follows:
1.
I serve on the board of directors of the Toasted Subs Franchisee Association, Inc.
(“TSFA”). My wife Maureen Newkirk and I are the sole shareholders in Newkirk Enterprises,
Inc. (“Newkirk Enterprises”) and the sole partners in R&M Enterprises LLP (“R&M”)—entities
that transact business with Quiznos on our behalf. My father David Newkirk, along with my
wife and I, operate Quiznos Store No. 771, which is located at 2564 King Avenue, No. F,
Billings, Montana 59102. We also operate Quiznos Store No. 125, which is located at 2405 W.
Main Street, Suite 8, Bozeman, Montana 59715. Neither my wife nor my father are involved in
the management of the TSFA. My father is elderly and is not involved in day-to-day operations.
2.
Attached to this Declaration as Exhibit A are true and correct excerpts of the July
19, 1998 Franchise Agreement governing Quiznos Store No. 771. Attached to this Declaration
as Exhibit B are true and correct excerpts of the June 28, 2002 Franchise Agreement governing
MADISON\733030.1
Case 1:06-cv-02528-JLK Document 7 Filed 12/18/2006 Page 1 of 2
Bray et al v QFA Royalties
Doc. 7
Dockets.Justia.com
Quiznos Store No. 125. The full Franchise Agreements for these two stores are otherwise nearly
identical with the full agreement filed as Exhibit A to the Jehad Majed Declaration in this matter.
3.
On December 11, 2006, I received two letters from Frederic C. Cohen, Esq., an
attorney with DLA Piper in Chicago, Illinois. Each letter is dated Dec