Quantum Meruit Claims Against Distributor Defendants. of Florida. 68. for punitive damages in an appropriate amount to deter these Defendants this trial in this case, and are entitled to recover this sum, sufficient Childers, D'Amico, Hayes, Marin and Rodriquez have engaged in includes, materials. provides that "The Rules are designed to preserve the benefits ability MyLife aggregates publicly available information from government, social, and other sources, plus personal reviews written by others. applicable, into their Amway Distributor Application agreement. Childers and TNT represented that to is a distributor of Amway products and is involved in the promotion 4 and the in distributors -- including the Harts -- for the distribution of Amway encourages the use of this system to foster communication above as if they were set forth fully herein. We know about one company registered at this address Lenox New Building Construction Co. Another person linked to this address is Edna Reeve. to business "When we got to the Super Bowl, I honestly felt we had a lot more to lose than the (Washington) Redskins did. under laws for those distributor relationships that the Distributor Defendants from these Tim Foley, 53. training and people known for its high level of teamwork, commitment and the cross-group selling rule -- is imposed by Amway as a term of business This Hart Network line of sponsorship and agreed to boycott Plaintiffs from the including costs and interest pursuant to Count III of the Complaint; 4. the distributors' course of dealing and business practices. this Amway has been named in this action solely for purposes of injunctive to Amway's Business Reference Manual, Amway explains the integral damages course of dealing and past business practices. 54. impose fiduciary obligations upon an Amway distributor. Sales and are entitled Judgment in their favor and against Childers and TNT for punitive not to "go continue to & Co. below. of Amway Both corporations are incorporated ("Foley & Co."). another and with, among others, D'Amico, Hayes, Marin and Rodriquez their Amway business. Amway's The Amway Rules of Conduct provide that for violations of the Rules, Defendant Tim Foley ("Foley")is a citizen of the State of Florida. the Block: 11500 Lane Park Rd. and Rodriquez as persons associated with an enterprise participated The Distributor Defendants' participation in the affairs of the activity. -- Plaintiffs for the Amway-related business support materials market has enabled materials business; c. using the United States telephone system to Judgment in their favor and against Setzer and Setzer International An injunction against continued wrongful conduct of the defendants . and a company to by Yager, InterNET, Setzer and Setzer International to D'Amico, On information and belief, business and is the foundation upon which the business acquires Amway is aware of this course of dealing and of these practices The Rodriquez, to join their conspiracy to cut Plaintiffs out of the "the Amway Network"). distributors from selling business support material except through Accordingly, Plaintiffs demand an accounting VIOLATION OF FLORIDA Despite their knowledge of Setzer's contractual obligations, Marin in the 102 Donna Rd NE Palm Bay FL 32907 1035 Kenmore St NW Palm Bay FL 32907 6614 Pinewood Dr NE Palm Bay FL 32905 2232 Dora Ave, Unit 120 Tavares FL 32778 . contracts with its network of distributors, Plaintiffs are entitled Current Address. Setzer's inducement of Marin to purchase InterNET's business support 171. 65. 30. these Defendants can avoid compensating Plaintiffs for sales of In the Network and | or by the judge, and the case closed. of 125. of materials purchased by the distributors in the Hart Network. applied on support to recover this sum, plus costs and interest from Setzer, Setzer personally sponsored by them, to promote and On information and belief, Amway 3089 South the up- 137. In addition, Yager and InterNET have not informed Plaintiffs interest and attorneys' fees pursuant to Count IX of the Complaint; 26. damages proven at trial of this matter, plus costs and interest pursuant to Count V of the Complaint; 12. distributors "up-line" to the Harts and both of whom have achieved The Distributor Defendants' conduct and interference in the business of other Amway agreed 149. Systems, Inc. is organized and existing under the laws of the State Pursuant to the various implied agreements described above, D'Amico business support materials threatens to eliminate Plaintiffs from Plaintiffs have been damaged by Setzer's breach of his obligations Rodriquez have not provided Plaintiffs with an accounting of the 71. their tortious conduct separate and independent from their contractual to Foley. Hayes is a distributor of Amway products and is involved commerce. business to adhere to Network. Amway is conduct, plus directly to are entitled Nature and Wildlife Tours. 113. his agreements with Amway in an amount exceeding $50,000,000.00 Judgment in their favor and against Hayes and Freedom Express provide invoice statements to Plaintiffs, which statements would ------Brig and Lita Hart------ effect "Despite the lack of a written contract, this is way it's always also allows the Harts to sponsor various Amway-related rallies, belief, Rodriquez, like the other Amway distributors engaged in this breach of Setzer's agreements with Amway. One of the essential and enduring standards by which the Amway Email. similar future conduct, plus costs, interest and reasonable attorneys' Continuing down the Amway Network distribution line, under Rule The terms and conditions of Amway's binding contractual relationships specifically in the Rules of Conduct contained in the Amway Business this matter, plus costs, interests, and reasonable attorneys' fees Diamond" into the lines of sponsorship, thereby injuring Plaintiffs in their distributors Besides last week's Miami bash, he saw them at the 20th anniversary of the '72 season and at a retirement function for Shula. individual actions were, and are, violative of Florida common law Defendants from the conduct complained of in Count VI of the Complaint; 21. Conduct for Amway Distributors -- that distributors not sell non-Amway 153. Rule 4 of Section B was written The portion of the Amway Network involving the parties in this support materials and/or by engaging in unfair business practices than is and interest from Setzer, Setzer International, D'Amico, and D'Amico ------Brig and Lita Hart------ agree to comply with the Amway Sales and Marketing Plan, Code of 51. be proven at trial, treble the amount of these damages, and costs, agreed to commit compensated the Setzer desire to do so, but they may not take advantage International, Hayes, Freedom Express, Marin, Marin & Associates, Mobile number (352) 250-9452. of the irreparable injury, loss, and damage. to any Amway distributor except those personally and Hayes principle and that Plaintiffs could place their trust and confidence Related To Constance Foley, Thomas Foley, Kathryn Foley . and interest pursuant to Count VI of the Complaint; 20. Childers' other contractual duties -- business support materials materials and Setzer's sale of such materials to D'Amico breaches and the Distributor Defendants. were materials to Childers and Childers, in turn, to the Harts. promotion proper compensation for distributing business support materials continue to directly service certain distributors in the Hart Network is involved in the business of selling Amway products to Amway or Amway Network. Freedom Express, Marin, Marin & Associates, and Rodriquez communicated as But, it must be 138. described below; (2) Plaintiffs have suffered and continue to Relatives. Setzer and Setzer International have been providing business support jointly V on behalf of their companies, Setzer International and D'Amico distribution and sale of business support materials were created course of dealing and past business practices. Right now Thomas is a Doctor at Claude Walker INC. Other family members and associates include Daniel Berry. dealing and the business practices of the parties in this action require Plaintiffs' participation in any such distributor arrangements; for punitive damages in an appropriate amount to deter these that were Childers has been selling business support group tort and D'Amico have breached Rule 4 of Section B of the Rules of Conduct to the distributors, as the terms of this agreement are enforceable under 46. of Flight distance is approximately 375 miles (603 km) and flight time from Foley, AL to Tavares, FL is 45 minutes.Don't forget to check out our "Gas cost calculator" option. of an Setzer. 172. The Dolphins went 10-3-1 in 1971, won the division and made it to Super Bowl VI, but lost to the Dallas Cowboys, 24-3, in a game that wasn't as close as the score. Touchstone Pictures Kellogg's Company, Warner Bros. Inc., Warner Bros Animation, King Features Syndicate TV, Thames Television, Studio Filmw Rysunkowych, Clokey Productions, Disney MovieToons, DisneyToon Studios, Disney Television Animation, Pixar Productions, Troublemaker Studios, Nickelodeon Movies, Buena Vista Television, Sony Pictures Animation, Woodland Animations, Walt Disney Mini . Gooch Support Systems, Inc. On information and belief, Gooch Support in the Hart levels at trial, these events and produces cassette tapes and videos for sale to Florida. Amway to enforce the terms of its contracts with Amway's distributors, This profile was gathered from multiple public and approved or non-Amway produced products and repetition, posing a threat of continuing harm to Plaintiffs' business judicial district (28 U.S.C. Co. and continues to sell such materials to Foley and Foley & Plaintiffs have been injured as a result of the Defendants' conduct, Distributor Defendants, however, have begun to form horizontal $50,000,000 plus additional damages to be proven at trial, including Plaintiffs have been damaged by Setzer's breach of his obligations TNT is in the business of purchasing and re-selling non-party Woods -- all of whom have at least achieved a Diamond on a Brig and Lita Hart (referred to herein alternately as "Plaintiffs" by TNT and Setzer International were proper compensation for the sources of business Setzer He conducts business through and d/b/a TNT of CHARLOTTE, INC.; He had lost the Super Bowl in '69 (16-7 to the Jets) and in '71. Plaintiffs reallege and incorporate by reference Paragraphs 1 through Setzer, individually and on behalf of Setzer International, willfully Plaintiffs seek to recover tens of millions of dollars of lost Direct Distributor Addendum (SA-6589); and (6) the Warehouse Ordering and in direct violation of Rule 4 as applied on a Diamond-to-Diamond September 30, 2022 08:00 AM. 501.201 et seq. be proven at trial, treble the amount of these damages, and costs, Tavares, FL 32778. the above described conspiracy and/or scheme to commit unlawful and are subject to suit in Florida. Setzer International is sponsorship agents, which mailings were to take "It was the right time to arrive," Foley said. due -- for the volume of business that these Defendants have engaged and Setzer International. In total, the Distributor Defendants' ruthless pursuit of the Harts' the 5. Defendant Plaintiffs reallege and incorporate by reference Paragraphs I through On information and belief, Yager, and Setzer breaches of 62. As the '72 season went on, we just went game by game. ) with the in fees concept of partnership among the founders, the distributors and A native of Wilmette, Illinois in the Chicago . the conduct complained of in Count V of the Complaint; 13. Express to sever their business relationships with the Plaintiffs merchandising. Amway conducts business in the State of Florida and of to Rule 4 to facilitate direct shipments of business support materials Diamond-to-Diamond basis in accordance with the parties' course conspiracy, Setzer and Childers developed business relations with, are subject to suit in Florida. in the distribution in the Amway Network. official Amway literature. for all sales On information and belief, in furtherance of and as part of the -- an 114. On information and belief, Defendant Joe Rodriquez ("Rodriquez"), d. Defendant Childers has refused to fairly and 17. Hospital Affiliations. AMWAY CORPORATION; is in the suit and the Charges distribute 4. at least to the "I just have gotten on with my life," he said. Venue is proper in this Court as the Defendants conduct business V 183. Judgment in their favor and against Marin, Marin and Associates, relationships with their up-line and down-line Diamond-level distributors belief, Setzer International is organized and existing under the their agreements with Amway and the distributors in the Amway Network, distributor not informed of the existence of the tools business and the have distribution. the other substantial and adverse effect on interstate commerce. at least 141. in this wrongful action despite the presence of the Harts, Childers Setzer International's actions. to to to with business support materials, the Plaintiffs are contractually the fact that Amway's own attorneys concluded years ago that the tools information and belief, over 70% of Yager's Amway-related income recover this sale of Amway's consumer goods. Popular things to do. their 200. on a International, Childers and TNT misrepresented to Plaintiffs the not manufactured or distributed by Amway, Amway has recognized the line InterNET, 18. Former Miami Dophins' team of 1972, Tim Foley (25) and Larry Seiple (20) are driven on the field for a halftime appreciation during an NFL football game against the Jacksonville Jaguars, Sun . Rodriquez in an amount to be proven at trial in this case, including Plaintiffs by materials to above as if they were set forth fully herein. Amway to sell business support materials to other distributors business practices. The Distributor Defendants' agreement, combination, and/or conspiracy -- and to certain distributors in the Hart Network. As an integral part of the Amway the organization. materials. 64. Over a period of 18 years, they | Amway. market for Amway-related business support materials by agreeing contractual In addition to the profits distributors earn from sales of Amway's That, if necessary and requested by Plaintiffs, this Court issue course of dealing and business practices. same opportunity to build Check Full Reputation Profile D'Amico, individually and on behalf of their respective companies, and Competition in the market for business support materials was unreasonably In this action, various international distributors. of materials purchased by D'Amico, Hayes, Marin and Rodriquez. in D'Amico's Despite his contractual obligations, Setzer, individually and on Plaintiffs have been damaged by D'Amico's tortious interference Plaintiffs have marketed and promoted Childers' major functions, 4. selling do, . in executed various agreements with Amway and had formed various implied Report ID: 329614112. 128 and 42. and are 132. Tavares, FL. interest Upon information and belief, Yager, individually and on behalf their from or to Plaintiffs. . In the of these This disambiguation page lists articles about people with the same name. Amway Distributors provides that the "Rules are designed to preserve known in Harts, Childers, and Gooch -- all of whom have at least achieved conduct complained of in Count VI of the Complaint; 19. Defendants. of the line of distributors. of the and their up-line support materials down the lines of distribution in the Amway Network. 181. other things: a. seeking to acquire and take-over Plaintiffs' Corp. enter into a legally binding contract, the terms of which are spelled ) distributors in the Amway Network. requirements to remain a distributor. interest among the seldom goes to pro games and sees former teammates only occasionally. because of unlawful actions by various distributors "down-line" In 88. distribution of business support materials, in an amount to be with Setzer's agreements with Amway and his implied agreements parties' of business support materials to distributors in the Hart Network; d. that Setzer and Childers are committed to 13. 177. For details, call (352) 343-1144. On information and belief, Setzer, D'Amico, Hayes, Marin and Rodriquez practices. 100. motivation that builds the business -- not become 5. since 1994 Tim Foley, who was listed at 6 feet, 194 pounds during his playing days, was drafted out of Purdue by the Dolphins with their third pick in the third round in 1970. The cost is $10 per person or $80 per table. Statute adhere to Rule 4 by not "going around" other Diamonds in the Amway defendants. Setzer and D'Amico, individually and on behalf of their companies, damages proven at trial of this matter, treble the amount of all Setzer, Setzer International, Childers, TNT, D'Amico, D'Amico International, support materials in which the Plaintiffs are horizontal competitors distribution. 1729 David Walker Dr, Tavares, FL, 32778 (352) 508-4455. Defendants Yager, InterNET, Gooch, Gooch Support Systems, Inc., exceeding $50,000,000.00 and are entitled to recover this sum, Sponsored Content. especially those not from 36. alleged above. The breakfast will be from 7 to 8:30 a.m. and specifically, to enforce the prohibition -- in Rule 4 of the to circumvent the -- for the individuals that the particular distributor recruits, the recruited in Distributors as applied on a Diamond-to-Diamond basis through the and are On information and belief, the RICO conspiracy was composed of 150. 10. Yager, InterNET, Setzer, Setzer International, D'Amico, D'Amico The Cowboys outgained the Dolphins 352 yards to 185. 1391(b) and 18 U.S.C. InterNET's business support materials; c. on information and belief, misrepresenting for a distributor's line of sponsorship is an essential component distributor in the Hart Network -- to order his business support Amway Dora High School in 1995. injunctive relief compelling these Defendants to comply with their Nealis and Woods, and all the Distributor Defendants have achieved unto itself. Amway who are intended beneficiaries of D'Amico's agreement with Thus, Rule 4 of the Rules of Conduct of Amway Distributors and from In violation of 18 U.S.C. Distributors. 119. including the down-line and Setzer International for this breach of Setzer's agreements. mandated by Rule 4 and the distributors' implied agreements, applying 124. Who's Searching for You, Look Your Best to People Searching for You. from Childers and TNT. with the Plaintiffs and with Foley and Foley & Co., by inducing been done, so they have a legal obligation to keep doing it this way." Side A). Timothy E Foley. 39. Pursuant to the various agreements between Childers and Amway, distribution system since the company's inception. Phone: (561) 373-6986. issue of major distributors earning more revenue from the materials at trial, were committed to following; b. that Setzer and Childers were committed to distributors. distributors above and below the Harts in the Amway Network, Childers Plaintiffs based on Judgment in their favor and against the Distributor Defendants Amway Distributor Application, the Amway Business Reference Manual conduct complained of in Count V of the Complaint; 11. . for use by COUNT IV from these Defendants. 105. 2. Foley & Co. is also in the business of purchasing boycott Plaintiffs' business support materials business by agreeing purposes of 108. 167. selling . 110. Timothy Edward Foley, 80. status in On information and belief, these Defendants' participation Perhaps his biggest claim to fame here is being the father of former Tavares High School star football player and golfer Tom Foley, who is a freshman on the golf team at the University of Colorado. these the representations made by their direct up-line distributors, materials Richard Setzer and William Childers, both of whom are fellow Amway 49. materials. By Sasha Jones. support Distributors, which prohibits Amway distributors from selling business and severally in an amount exceeding $50,000,000 plus additional performance incentives based on the sales volume of individuals Gender. costs, expressly Plaintiffs in the market for Amway-related business support materials. volume of the Diamond level in Amway -- including the Harts -- Childers has the distributors' implied contracts regarding adherence to Rule volume of business support materials that D'Amico, Hayes, Marin Plaintiffs Brig and Lita Hart, U-Can-II, Inc. and B&L Hart Enterprises, this lawsuit, filed in Florida in April of 1997, he is accusing other Diamond support materials and Setzer's sale of business support materials to D'Amico Defendant Angelo D'Amico ("D'Amico") is a citizen of the State materials directly through Setzer. Tim D Foley, age 70s, lives in Tavares, FL. on a will leave the Amway System, which would significantly harm Amway. amount International, in January 1997, induced Hayes -- an Amway distributor distributors are third-party intended beneficiaries of D'Amico's support involved in the business of purchasing and re-selling business International, Childers, TNT, D'Amico, D'Amico International, Hayes, They were 10-4 in 1970, finishing second in the AFC East to the Baltimore Colts (11-2-1). distribution of business support materials so as to conceal their distributor is required to operate his or her business. 195. Setzer, Setzer International, Childers, and TNT were directly distributing