Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 91 of 123 PageID: 4274 mean Plaintiffs Neil Naik, Hemang Patel, Jayesh Patel and/or Kalpana “Plaintiffs” B. Patel, either individually or collectively, in this action. mean Plaintiffs Neil Naik, Hemang Patel, Jayesh Patel “Plaintiff’s Store(s)” and/or Kalpana B. stores, either individually or collectively. Patel’s or collectively means Defendant in this “You,” “Your,” “Defendant” “7-Eleven” action, along with its agents, employees, representatives, predecessors, successors, and assigns. Amended means the Second Amended Complaint filed by “Second Complaint” Plaintiffs on or about January 30, 2014, Civil No. 1:13-cv-04578-RMB-JS. means “And” “and/or” or mean any manuals disseminated “Operations Manual” “Operations Manuals” to franchisees, including Plaintiffs, by 7-Eleven. means the department within 7-Eleven that deals with, “Accounting Department” or has control over, accounting. franchisees’ or mean a physical count of the Inventory, pursuant to 7- “Audit” “Audits” normal procedures. Eleven’s means contracts that Plaintiffs were required to obtain “Maintenance Contracts” pursuant to the Store Franchise Agreement. means an account that 7-Eleven agreed to establish and “Open Account” maintain for Plaintiffs as part of the Bookkeeping Records. of or of mean letters and/or notices sent to “Notice Breach” “Notices Breach” Plaintiffs regarding alleged deficiencies. Plaintiffs’ of or of mean letters and/or notices “Notice Termination” “Notices Termination” sent to Plaintiffs regarding alleged deficiencies. Plaintiff’s
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 91 of 123 PageID: 4274 “Plaintiffs” mean Plaintiffs Neil Naik, Hemang Patel, Jayesh Patel and/or Kalpana B. Patel, either individually or collectively, in this action. “Plaintiff’s Store(s)” mean Plaintiffs Neil Naik, Hemang Patel, Jayesh Patel and/or Kalpana B. Patel’s stores, either individually or collectively. “You,” “Your,” “Defendant” or “7-Eleven” collectively means Defendant in this action, along with its agents, employees, representatives, predecessors, successors, and assigns. “Second Amended Complaint” means the Second Amended Complaint filed by Plaintiffs on or about January 30, 2014, Civil No. 1:13-cv-04578-RMB-JS. “And” means “and/or” “Operations Manual” or “Operations Manuals” mean any manuals disseminated to franchisees, including Plaintiffs, by 7-Eleven. “Accounting Department” means the department within 7-Eleven that deals with, or has control over, franchisees’ accounting. “Audit” or “Audits” mean a physical count of the Inventory, pursuant to 7- Eleven’s normal procedures. “Maintenance Contracts” means contracts that Plaintiffs were required to obtain pursuant to the Store Franchise Agreement. “Open Account” means an account that 7-Eleven agreed to establish and maintain for Plaintiffs as part of the Bookkeeping Records. “Notice of Breach” or “Notices of Breach” mean letters and/or notices sent to Plaintiffs regarding Plaintiffs’ alleged deficiencies. “Notice of Termination” or “Notices of Termination” mean letters and/or notices sent to Plaintiffs regarding Plaintiff’s alleged deficiencies.
212-Letter-of-Gerald-A-Marks-in-Response-to-Letter-Seeking-Stay-1-1-29-15.docx