Budget Marketing, Inc. v. Toback

MEMORANDUM OPINION, RULING AND ORDER OF DISMISSAL

VIETOR, District Judge.

Defendant’s motion to dismiss presents the issue of the validity of service of process by plaintiff on plaintiff as defendant’s appointed agent to receive plaintiff’s service of process.

Plaintiff, a corporation, and defendant, an individual, entered into a franchise agreement and a related sub loan agreement. Plaintiff is the franchisor-lender and defendant is the franchisee-borrower. An examination of the franchise agreement and the sub loan agreement unmistakably reveals that they are plaintiff’s form agreements.

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