![]() Hence, Plaintiff can sell only those beers listed in the written amendments only in the 18 counties listed. Defendant argues that the three subsequent "written amendments" constitute the binding written exclusive franchise agreement. Plaintiff alleges that Defendant's actions constitute bad faith and unfair and prohibited acts under subsections 563.022(5) and (6) of the Florida Statutes.ĭefendant contends that Plaintiff has failed to state a claim for relief because section 563.021, Florida Statutes, requires the November 2004 oral agreement to be in writing. Plaintiff asserts that Defendant's termination, cancellation, failure to renew, or refusal to continue the franchise is without good cause as defined in subsections 563.022(7) and (10) of the Florida Statutes. ![]() Plaintiff alleges that Defendant, after and despite the oral 2004 agreement, has entered into, or will likely enter into, a franchise or selling agreement with another distributor for the distribution of Defendant's beer to counties in Florida for which Plaintiff holds an exclusive distributorship. Plaintiff alleges that the oral November 2004 agreement constitutes a franchise as defined in section 563.022(2)(c), Florida Statutes. Plaintiff alleges that Defendant requests that Plaintiff distribute beer in counties other than the 18 listed in the written amendments. ![]() With respect to all other counties in Florida not listed in the amendments, Plaintiff has sold and continues to sell beer imported by Defendant. For example, the written amendment of July 2008 creates an exclusive distributorship in Plaintiff granting Plaintiff the right in 18 Florida counties to purchase, resell, and distribute 11 listed beers. The amendments, each time, affected only 18 particular counties in Florida, and each created an exclusive distributorship in the counties named therein. The oral agreement was amended on three different occasions in writing: on Jand February 3, 2010. In November 2004, Plaintiff and Defendant entered into an oral agreement by which Defendant agreed that Plaintiff would distribute beer imported by Defendant within the state of Florida. Defendant imports various brands of beer into Florida. Plaintiff is a licensed beer (malt beverage) wholesale distributor in Florida. The complaint alleges the following set of facts. "Determining whether a complaint states a plausible claim for relief a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Ashcroft v. The factual allegations must be "enough to raise a right to relief above the speculative level." Id., 550 U.S. The complaint must allege "only enough facts to state a claim to relief that is plausible on its face." Bell Atl. of Disease Control and Prevention, 623 F.3d 1371, 1379 (11th Cir. 1), and the applicable law, the Court concludes that the motion should be denied.Īll factual allegations of the complaint are considered true and all inferences from those facts will be construed in the light most favorable to the plaintiff. After careful consideration of the motion, the allegations of the complaint (Dkt. “We’re excited about this new partnership and especially about being in Florida where the brand has many fans.Before the Court is Defendant's Motion to Dismiss (Dkt.13) and Plaintiff's opposing Memorandum. We are confident our brand is in the right hands and that they have the ability to penetrate the market on our behalf,” said Bruce Taub, president of The Fat Cat Beer Co. Our philosophies are very similar so they understand and appreciate our strategy for entering the State and being successful there over the long term. “Ian and his team have a wealth of knowledge and experience and are respected by their suppliers. ![]() currently offers four distinctly different craft beers, including its Fat Cat Lager, Sultans of Wheat, ShawShank’s Injunction Pale Ale and Beale St. “Our team is looking forward to bringing this unique brand into restaurants, bars and stores throughout the state.” “We added Fat Cat beers to our portfolio because they’re not only in the craft category, but they’re available in cans, which is a growing trend in the craft market,” said Ian McCarthy, president of Micro Man Distributors. announced it entered into an agreement with Micro Man Distributors to bring its craft beer to Florida.įounded in 1997, Micro Man specializes in craft, import and boutique beers and will be responsible for the distribution of Fat Cat’s products throughout the Sunshine State. heading to Florida via Micro Man Distributors.
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