Jimmy John's Franchise, LLC Ex Rel. John's Franchise, Inc. v. Kelsey

OPINION

MICHAEL P. McCUSKEY, Chief Judge.

This matter is before the court on Defendant/Counter-Plaintiff William Kelsey’s Motion for Summary Judgment (# 6) and PlaintiflyCounter-Defendant Jimmy John’s Franchise’s Cross Motion for Summary Judgment (# 18). 1 For the reasons that follow, William Kelsey’s Motion for Summary Judgment is GRANTED and Jimmy John’s Franchise’s Motion for Summary Judgment is DENIED.

FACTS

On November 8, 2001, Arllo of Browns-burg, LLC (Arllo) entered into a Franchise Agreement (Agreement) with Jimmy John’s Franchise (JJF) and agreed to became a franchisee for two locations…