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Manheimer v. Trufusion Yoga, LLC

United States District Court, D. Nevada

May 24, 2019

SETH MANHEIMER, an individually, and derivatively on behalf of TRUFUSION YOGA, LLC Plaintiff,
v.
TRUFUSION YOGA, LLC, a Nevada Limited Liability Company, MICHAEL BORDEN; MARTIN HINTON; TRUFUSION LLC, a Nevada Limited Liability Company, TRUFUSION FRANCHISING LLC, a Nevada Limited Liability Company, and DOES 1-10, inclusive Defendants. TRUFUSION YOGA, LLC, a Nevada Limited Liability Company, TRUFUSION LLC, a Nevada Limited Liability Company, TRUFUSION FRANCHISING LLC, a Nevada Limited Liability Company, and ROES 1-10, inclusive, Counterclaimants,
v.
SETH MANHEIMER, Counterdefendant.

          FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

          HONORABLE JAMES C. MAHAN DISTRICT COURT.

         The above-entitled matter having come on before this Court for a Jury Trial on September 17th, 2018. Plaintiff/Counterdefendant Seth Manheimer (“Manheimer”), being represented by his counsel of record; Defendants TruFusion Yoga, LLC ("TRUFUSION YOGA"), Michael Borden ("Borden"), Martin Hinton ("Hinton"), TruFusion LLC ("TRU"), and TruFusion Franchising LLC ("Franchising"), by and through their respective counsel of record. The Jury having rendered a Verdict on those claims presented to the Court on September 28th, 2018. Based upon the testimony of the witnesses at trial, exhibits admitted at trial and the relevant law, the Court makes the following findings of facts and conclusions of law pursuant to Fed. R. Civ. Proc. 52(a).

         FINDINGS OF FACT

         THE COURT HEREBY FINDS that Plaintiff Manheimer is a resident of the State of California and is a member in Defendant TRU.

         THE COURT FURTHER FINDS that Defendant TruFusion Yoga is and was at all times relevant hereto a Nevada limited liability company authorized to do business in Clark County, Nevada.

         THE COURT FURTHER FINDS that Defendant TruFusion LLC is and was at all times relevant hereto a Nevada limited liability company authorized to do business in Clark County, Nevada.

         THE COURT FURTHER FINDS that Defendant TruFusion Franchising is and was at all times relevant hereto a Nevada limited liability company authorized to do business in Clark County, Nevada.

         THE COURT FURTHER FINDS that Defendant TruFusion Yoga adopted pursuant to Chapter 86 of the Nevada Revised Statutes an Operating Agreement on July 23rd, 2013 which reflected the ownership of TruFusion Yoga as of that date.

         THE COURT FURTHER FINDS that this matter proceeded to trial before a jury between September 17th, 2018 through September 28th, 2018, at which time the Jury entered its Verdict.

         THE COURT FURTHER FINDS that Defendants withdrew and dismissed their Counterclaim prior to trial.

         THE COURT FURTHER FINDS that the Jury entered a Verdict in favor of Defendant Martin Hinton on all claims brought by Plaintiff Manheimer as against Defendant Martin Hinton.

         THE COURT FURTHER FINDS that the Jury found that Defendants TruFusion Yoga and Michael Borden breached an oral agreement with Plaintiff Manheimer but that Plaintiff Manheimer was entitled to zero damages on that claim.

         THE COURT FURTHER FINDS that the Jury entered a Verdict in favor of all Defendants and against Plaintiff Manheimer on his claim for breach of operating agreement.

         THE COURT FURTHER FINDS that the Jury Verdict found in favor of Plaintiff Manheimer and against Defendant TruFusion Yoga on Plaintiff's monies owed claim and awarded ...


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