Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 93 of 123 PageID: 4276 means the surveillance and/or security system installed by “Security Equipment” 7-Eleven and/or its affiliates to conduct surveillance of franchisees, employees franchisees’ and/or customers. This definition shall include, but not be limited to, the following franchisees’ systems: SecureTM, ClickIt and/or APIS. means the support guide containing, among other things, “Operations Manuals” required operating standards and procedures for compliance with the 7-Eleven System and Eleven Image (as those terms are defined in the Store Franchise Agreement). Accounting means the department within Defendant “7-Eleven’s Department” Eleven, Inc. that deals with, or has control over, accounting. franchisees’ means a physical count of the Inventory, Receipts, Cash Register Fund, “Audits” cash, bank drafts, and supplies of items for which Plaintiffs, indivudally and/or collectively, earn a commission, pursuant to 7-Eleven’s normal procedures. means the 7-Eleven department and/or team in charge “Profit Assurance Team” of covert mobile surveillance of franchsiees. Upon information and Assurance belief, “Profit was a term coined by Mark Stinde, a 7-Eleven employee. Team” Investigations means the team and/or department within 7- “Centralized Team” Eleven tasked with investigating franchisee and facilitating the take back of stores franchisees’ (commonly referred to as “Take-Backs.” Protection/Loss means the Asset Protection “Asset Prevention Department” and/or Loss Prevention Department within 7-Eleven tasked with monitoring franchisees for allegations of fraud, misreporting, or any other untort conduct. Upon information and belief, these are company-specific terms.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 93 of 123 PageID: 4276 “Security Equipment” means the surveillance and/or security system installed by 7-Eleven and/or its affiliates to conduct surveillance of franchisees, franchisees’ employees and/or franchisees’ customers. This definition shall include, but not be limited to, the following systems: SecureTM, ClickIt and/or APIS. “Operations Manuals” means the support guide containing, among other things, required operating standards and procedures for compliance with the 7-Eleven System and Eleven Image (as those terms are defined in the Store Franchise Agreement). “7-Eleven’s Accounting Department” means the department within Defendant Eleven, Inc. that deals with, or has control over, franchisees’ accounting. “Audits” means a physical count of the Inventory, Receipts, Cash Register Fund, cash, bank drafts, and supplies of items for which Plaintiffs, indivudally and/or collectively, earn a commission, pursuant to 7-Eleven’s normal procedures. “Profit Assurance Team” means the 7-Eleven department and/or team in charge of covert mobile surveillance of franchsiees. Upon information and belief, “Profit Assurance Team” was a term coined by Mark Stinde, a 7-Eleven employee. “Centralized Investigations Team” means the team and/or department within 7- Eleven tasked with investigating franchisee and facilitating the take back of franchisees’ stores (commonly referred to as “Take-Backs.” “Asset Protection/Loss Prevention Department” means the Asset Protection and/or Loss Prevention Department within 7-Eleven tasked with monitoring franchisees for allegations of fraud, misreporting, or any other untort conduct. Upon information and belief, these are company-specific terms.
212-Letter-of-Gerald-A-Marks-in-Response-to-Letter-Seeking-Stay-1-1-29-15.docx