Opinion
22-10168
09-28-2023
FUNCTIONAL HIIT FITNESS, LLC, Plaintiff, v. F45 TRAINING INCORPORATED, ADAM GILCHRIST, ROBERT DEUTSCH, MARC MARANO, LUKE ARMSTRONG, and NICK ABRAHAMS, Defendants.
OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO STRIKE (ECF NO. 61), DENYING PLAINTIFF'S MOTION TO SUPPLEMENT THE RECORD (ECF NO. 63), MODIFYING THE REPORT AND RECOMMENDATION AS TO COUNTS V, VI, VII, AND VIII, AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS (ECF NOS. 17, 18, 20, 48)
F. Kay Behm, United States District Judge.
Plaintiff Functional HIIT Fitness filed this case against Defendants F45 Training, Inc. (“F45”), Adam Gilchrist (“Gilchrist”), Robert Deutsch (“Deutsch”),Marc Marano (“Marano”), Luke Armstrong (“Armstrong”), and Nick Abrahams (“Abrahams”) on January 26, 2022. (ECF No. 1). Plaintiff's complaint alleges that Defendants violated the Federal Trade Commission's (FTC) Franchise rule, as well as various other state laws, by fraudulently inducing Plaintiff to enter franchise agreements for three F45 Training studios. Id., PageID.2. Specifically, Plaintiff's complaint raises 10 claims: breach of contract (Count I); breach of the implied covenant of good faith and fair dealing (Count II); fraud and misrepresentation (Count III); negligent misrepresentation (Count IV); unjust enrichment (Count V); violations of the Michigan Franchise Investment Law (MFIL) (Counts VI-VIII); violations of the California Franchise Investment Law (CFIL) (Count IX); and violations of the Delaware Deceptive Trade Practices Act (Count X). Id., PageID.39-50.