De Walshe v. Togo's Eateries, Inc.

PROCEEDINGS: Defendant’s Motion for Summary Judgment (In Chambers)

GEORGE P. SCHIAVELLI, District Judge.

On March 24, 2008, Defendant filed a motion for summary judgment, which Plaintiff timely opposed. The Court finds this matter appropriate for decision without oral argument. L.R. 7-15. For the reasons set forth below, Defendant’s motion for summary judgment is GRANTED.

I. Background

In February 8, 1996, De Walsche (“Plaintiff’) executed a Franchise Agreement (“Agreement”) with Togo’s Eateries, Inc., formerly known as MTC Management, Inc., (“Defendant”). The Agreement authorized Plaintiff to…