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 ANNE KEANE
______________________________________________________________________________
I, Anne Keane, declare as follows:
1.
I serve on the board of directors of the Toasted Subs Franchisee Association, Inc.
(“TSFA”). My husband Glenn Keane and I are controlling members of LKB LLC (“LKB”),
which is an entity that transacts business with Quiznos on our behalf. LKB owns and operates
Quiznos Store No. 7081, which is located at 64 Division Street, Derby, Connecticut 06418. My
husband is not involved in the management of the TSFA.
2.
Attached to this Declaration as Exhibit A are true and correct excerpts of the
March 22, 2004 Franchise Agreement governing Quiznos Store No. 7081. The full Franchise
Agreement for this store is 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 a letter from Frederic C. Cohen, Esq., an
attorney with DLA Piper in Chicago, Illinois. The letter is dated December 8, 2006 and purports
MADISON\733033.1
Case 1:06-cv-02528-JLK Document 10 Filed 12/18/2006 Page 1 of 2
Bray et al v QFA Royalties
Doc. 10
Dockets.Justia.com
to terminate the franchise relationship with Quiznos in relation to Quiznos Store No. 7081.
Attached to this Declaration as Exhibits B is a true and correct copy of Mr. Cohen’s letter.
4.
If Quiznos’ threatened termination takes effect, LKB, as well as my husband and
I, will face irreparable harm, including, among other things, the impairment of our ability to
maintain marketplace position and loss of goodwill. In addition, Quiznos’ cure proposa