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CUPPY’S COFFEE: Attorney Rudy Harper & Assistant Desiree (Reportedly) Resign

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It’s been reported that Cuppy’s Coffee in-house attorney Rudy Harper and Desiree Kahn, the Cuppy’s Coffee legal assistant in charge of handling refunds, resigned Wednesday, September 10th.

Harper and Kahn reportedly stayed behind in Ft. Walton Beach after a limited number of employees were invited to relocate to the new home office in Muscle Shoals, AL. Not receiving a paycheck and a lawsuit from the landlord over nonpayment of rent are likely factors in their abrupt departure.

One commenter on Blue Mau Mau wrote:

The last attorney left is Lou. Is he even allowed to practice law in the state of Florida or Alabama?

With all of the legal issues Cuppy’s is facing, perhaps it should have been high on Cuppy’s priority list to at least pay their attorney his paycheck.

What do you think? Are there any Corporate employees left in Florida? Did the Alabama “Dream Team” get paid? Share a comment below.

245 thoughts on “CUPPY’S COFFEE: Attorney Rudy Harper & Assistant Desiree (Reportedly) Resign

  • Cuppy's Lawsuit

    Cuppy’s franchisees are organizing a suit to be filed by a well-known Florida franchise law firm. If you are interested in joining, please email cuppylawsuit[at]gmail.com . Include your name, address, phone number, and potential civil claim against Medina and related companies.

  • Nick, you say…”Morg may not have been the best finanacial manager, but at least stores were opening, vendors were being paid, and liens were not being put on our shops.”… Where have you been?! Morg wasn’t paying vendors & liens were being put on cafes. Also, you say… “but I don’t think Morg would have taken the money from us knowing he was not going to open our stores”…YES he did!!! He was the ONLY person PUSHING/HOUNDING the employees to get more $ from franchisees. And “where did the money go” Morg wants to know… probably the same place he put the money when he was the owner. EVERYWHERE EXCEPT WHERE IT WAS SUPPOSE TO GO!

  • prozac is kicking in, maybe

    Let me get this straight: a lot more money went missing under Morg’s watch but that wasn’t his intent while Dale was less successful in his collection of funds, but always had the intent of taking money and not applying it to projects? Morg is the good buy here while Dale is a complete a-hole?

    I am going to take the previous suggestion by a guest and take a pill, maybe several.

  • Nick Sayin

    Guest-Who? Please identify yourselves. I don’t have anything to hide. Please let me know where you are located? As far as I know, you could be Dale himself.
    Anyway, I don’t want to go on and on. My intention was to inform everybody out there what is going on in AL. Morg & Brian are trying to salvage the company and help the frachisees.

    Let’s try to be adult here and discuss the issues rationally. If you’d like to take one or two pills, it is your choice, take one for me too.

    I’ll keep you all informed when I receive more info regarding the progress.

    Thanks,

    Nick

  • Dear Franchisee,

    Dale Nabors would like to invite you to attend a conference call on Friday, October 3rd at 1pm CST. This conversation will be recorded. If you are unable to attend the conference call at this time, we will provide you a link that will access the recorded call via email request. You will be receiving the details in an official invite that will provide you with the phone number and access code for the live call. If you are unable to attend the conference call or if you do not receive the official invite by Friday at 9am CST please email us at info@cuppys.com.

    Sincerely,

    Cuppy’s Coffee Smoothies & More

  • Re: Dale Nabors invitation to this Friday’s conference call – HERE YOU GO………… THE BIG ANNOUNCEMENT THAT ROBERT MORGAN & BRIAN HAYES ARE BACK & BETTER THAN EVER!!! HIDE YOUR PETS & CHILDREN; EMPTY YOUR BANK ACCOUNTS & HIDE WHAT’S LEFT OF YOUR MONEY; KISS YOUR INVESTMENTS TOTALLY GOODBYE. FOR THOSE FOOLS THAT WANT TO BELIEVE MORG, BRIAN OR DALE WILL FINALLY DO THE RIGHT THING, I WOULDN’T SEND IN ANY MONEY UNTIL YOUR PROJECT IS 100% COMPLETE & YOU HAVE SIGNED DOCUMENTATION THAT SHOWS EVERY VENDOR/GC HAS BEEN PAID SO SOMEONE CAN’T PUT A LIEN ON YOUR STORE LATER. AND BY ALL MEANS THIS TIME… PLAY IT SAFE! I DON’T CARE HOW MUCH EITHER OF THEM TRY TO CONVIENCE YOU THAT IT WAS ALL SOMEONE ELSES FAULT THAT YOU LOST YOUR HARD EARNED MONEY.

  • Nick Sayin

    Disappointing agreement has been reached, but I can’t discuss it.

    Thanks,

    Nick

  • Heather

    Agreement between who and why mention it if you can’t discuss it.. ?

  • Cuppy's Lawsuit

    Cuppy’s franchisees are organizing a suit to be filed by a well-known Florida franchise law firm. If you are interested in joining, please email the Admin and give permission to forward your contact information to me. Include your name, address, phone number, and potential civil claim against Medina and related companies.

  • Nick you are just the type of lamb which these guys love to prey on. There is absolutely no excuse for the way funds were handled and disbursed under either tenure. Fraud? likely. And you want to work with them more? Pay double what you need to pay to open a store? IF they actually do what they said. AND if they actually pay the vendors. You start day one paying twice the loan that you need to. Of course that means you need to sell twice the product to produce the same financial results. Come on… I might get burned once but not twice.

  • Nick:
    Respectfully, I think they dosed your Koolaid with something a little more potent… like LSD. Or maybe you’re in shock. Either case, you’re in need of an intervention- or deprogramming.
    Take a trip back in time, back while Dale was still a mere shill on BlueMau Mau, defending Morg and Cuppy’s Coffee as a con-sultant… Go back even before Cuppy’s Coffee to Java Jo’z, when Morg was running the same game. Did you read the interviews on this site with Criston Menz & Robin Rivera?
    What did Dale have to do with them… or the many people who still have not been paid their refunds from Java Jo’z.? Nothing. Back then it was Snowden’s – not Morg’s – fault. They had never met old Snowjob, but it didn’t matter.
    Heck, you can go back to Morg’s previous company, Slender Lady. I’ve been told he’s still named in at least one franchisee lawsuit from those days. I believe the same FL law firm went after him on behalf of franchisees with Slender Lady.
    Time for a history lesson:
    http://www.franchisepick.com/franchise-controversies/cuppys-coffee-java-joz-elite-manufacturing-medina-blogliography/
    http://www.unhappyfranchisee.com/2008/04/the-menzs-story-cuppys-coffee/
    http://www.unhappyfranchisee.com/2008/04/seeking-my-30k-deposit-from-morg-morgan-cuppys-coffee-java-joz/
    Go to this page, scroll down to Martin Bala’s comment from March, 2007. He had a lien put on his equipment from Java Jo’z. Morgan claims it was Snowden’s fault and he didn’t know what he was doing. Sound familiar?
    http://www.franchisepick.com/franchise-controversies/cuppys-coffee-franchise-elite-manufacturing-medina-complaints/
    Nick: There’s a saying that those who ignore history are doomed to repeat it. Ignore history at your own risk.

  • I don’t get it, Nick is saying that Morg & Brian are trying to save the franchise, but they are the ones that got them into this mess. This company had no money when Morg was there, outside of the money that they were taking from franchisees. I’ve always wondered how Morg was able to keep a payroll of 120+ people when there were 60 stores open. How was he able to do this, by screwing over the franchisees.

    Nick, think how much you paid for your store, now think how much SBT charged Elite, and how much SBT subcontractors charged them. You probably paid an extra $50k to build your stores to give them more profit. But Morg is the savior, so it is all good.

    Roy started this mess, but couldn’t continue from behind bars, Morg continued the mess. Dale took it over and it got worse. What do you expect of Morg/Brian? Brian’s got his own lawsuit to worry about, Morg has ‘health’ issues. They don’t have the money to fund continuing operations (unless they have some of the SBA loans that were disbursed but not put into buildings).

    This company will be gone in 2 years (if not sooner) and I would expect most stores/drive-thrus to be in the same boat.

  • Hey, they stopped paying me back my deposit but I see I wasn’t invited to their conference call. I guess they knew they sucked me dry and so have no intention of talking to me.

  • I didn’t get an invitation to the conference call either.
    :(

  • At this point, I doubt that they care much about the people that have already given them all of their money. They have no use for you.

  • They took me for a lot of money and I don’t seem to be on their priority list either. If anyone out there has the info and would like to share, I’m sure we would all like to know what is going. We have ALL been taken and ALL deserve our money back.

  • …The only reason they are trying to take back Cuppy’s/Elite is to help people…
    Morg cares. Brian cares.

  • I spent all day yesterday on the phone. I called the FBI, IRS, FTC, Attorney General in AL and FL, just to name a few. They all are very interested in the situation. Anyone who is owed money, should call them all.

  • “ADMIN on October 2nd, 2008 1:07 pm …The only reason they are trying to take back Cuppy’s/Elite is to help people…
    Morg cares. Brian cares.”

    Let’s wait and see shall we. Let’s see if he contacts the people who he had SIGNED agreements with to return money to them on a specific schedule. (BTW – when we sent money to him we couldn’t pay him in “increments”). Let’s see if he pays the employees. Let’s see if he helps out these people paying rent on vacant lots. Let’s just see how much they care about the people who have their lives in financial ruin because they won’t answer a phone or an e-mail message.
    I think if you dig a little bit deeper…. you might find out the real reason he’s back. I’m just sayin’….

  • It just is what it is.

    Listen up, SEAN KELLY, aka: ADMeaN

    I, for one, have had it!!!!! That history you refer to shows that YOU started all this. In the real world, there are laws against what YOU do. This “blogosphere” is still pretty new, but eventually the ‘real-world-laws’ will start to take effect in here too. Your shenanigans are so clear: YOU trash Cuppy’s as part of your “representation” of “other” coffee companies and THAT is your simple-minded game …a dollar a click… Not only are YOU the very definition of shill, you are blatantly interfering with contractual relationships. You may be getting away with it now, but your time is a-coming’, Sean Kelly. You are gathering a lot of enemies.

    It is more than obvious that you have no intention of ‘helping’ these franchisees. You are just using them to keep the gun pointed at Morg’s/Dale’s/Brian’s heads as you keep the muck stirred… muck that YOU have had a huge part in creating. It has become increasingly apparent to many of us that FAME is YOUR GAME. And you have a real talent for cruelty.

    Now, I can’t be sure because I have never met you in person… BUT… rumor has it that you are a bankrupt drunk clacking away at computer keys 24/7 in a dark room somewhere in PA!! …a dollar a click…
    One thing is for sure… You are trying to make a buck on the backs of honorable hard working people. To name a few: Dale Nabors, Morg Morgan, Brian Hayes and every single Cuppy’s Franchise Owner AND all their families as well. All these people have been blindsided and held captive by the blogosphere.

    Question: Has anyone out there ever heard of praying for the strength / clarity / wellbeing / etc. of the leader to provide the tools and path toward success for the people. Just wondering… Pretty sure Sean Kelly can’t relate… so…

    …back to you, Sean Kelly: About 3 months ago Paul Steinberg revealed the con you had been working on Bluemaumau and you were banished! Some of the other regulars, like Webster and JD said they didn’t like what you were doing either. So, now you mostly hang out here on Unhappy Franchisee (your site/your rules) to play by yourself since nobody else wants to play with you. Aren’t you getting it, Sean Kelly? Good people don’t like to associate themselves with a liar and con man like you. You continue to prove this about yourself, over and over on a blog by blog basis.
    Even the title you came up with for this site, UN- happy franchisee, is further indication that you just want to play up all the negatives.

    Of course you aren’t the type of person who would understand this but THERE IS ROOM ENOUGH IN BUSINESS FOR THE SUCCESS OF MANY. Integrity is not dead, despite being beaten repeatedly with Sean Kelly’s ugly stick.

    Since you are who you are and this IS your site, it’s pretty fair to assume that you won’t actually post this, so I am posting it to every other site I can think of.

    OK, it’s your turn, Sean Kelly. Let’s talk about you and your shady business practices. Your Cuppy’s Trashing started to become very apparent in January of 2007. Let’s see… When did you first start to work for Cuppy’s competition? When did you first start to experience your jealousy of the success of other men and how long have you had your alcohol problem? Is your bankruptcy the direct result of your alcohol problem? Did your mother lock you in a closet as a baby and make you really mad for the rest of your life? Come on Sean Kelly… this is an open forum… you have some big problems… start talking… maybe we can help.

    Anyone else out there who has been negatively affected by the criminal antics of Sean Kelly?
    Please feel free to email us at victimofviciousblogging@yahoo.com

    ~~~~~Blessed are the flexible, for they shall not be bent out of shape~~~~~

  • I posted this on BMM as well:

    The only problem I had with Sean was the continued bashing of the AAFD in this situation, when the focus should’ve been some place else (ie the SBA funding, Funding Solutions, etc.).

    If it wouldn’t have been for the unethical treatment of the Java Jo’z depositors by Snowden/Morgan/Hibbing, I doubt many of us on here would’ve ever heard of Java Jo’z/Cuppy’s. It’s their fault that they became a target earlier this year, because people spoke out on websites. The company is/near bankrupt. Whose fault is that?

    For some reason, I hope the above post was a joke, but like Rick said, I can’t see the punch line.

  • jd: It’s a joke but, unfortunately, not intentionally.

    I, for one, have had it!!!!! That history you refer to shows that YOU started all this.
    I started what, exactly? Java Jo’z? Cuppy’s Coffee? Investment fraud? Man’s inhumanity to man? Original sin? The blogosphere?

    YOU trash Cuppy’s as part of your “representation” of “other” coffee companies and THAT is your simple-minded game …
    Don’t let the fact that I don’t represent any coffee companies slow you up one bit… You’re on a roll!

    …you are blatantly interfering with contractual relationships.
    I’ll try to be more subtle. And I apologize to anyone who missed their opportunity to invest in a Cuppy’s Coffee franchise on account of me.

    It has become increasingly apparent to many of us that FAME is YOUR GAME.
    And DANGER is my middle name!

    It is more than obvious that you have no intention of ‘helping’ these franchisees. You are just using them to keep the gun pointed at Morg’s/Dale’s/Brian’s heads as you keep the muck stirred… muck that YOU have had a huge part in creating.
    I wish I could be on your conference call so I could apologize for all the harm I’ve caused. Here I thought it was $29 million in loans, federal investigations and lawsuits from every direction that were to blame. Now I realize it was talking about those things that scared the Success Fairy away.

    … rumor has it that you are a bankrupt drunk clacking away at computer keys 24/7 in a dark room somewhere in PA!! …a dollar a click…
    This is an outrageous accusation. I do NOT get a dollar a click.

    One thing is for sure… You are trying to make a buck on the backs of honorable hard working people. To name a few: Dale Nabors, Morg Morgan, Brian Hayes and every single Cuppy’s Franchise Owner AND all their families as well. All these people have been blindsided and held captive by the blogosphere.
    That made me spew my rotgut whiskey all over my dark room!

    Question: Has anyone out there ever heard of praying for the strength / clarity / wellbeing / etc. of the leader to provide the tools and path toward success for the people.
    Jim Jones? Guyana? (I think that’s where the phrase “drinking the kool-aid” came from.) David Koresh? Waco?

    About 3 months ago Paul Steinberg revealed the con you had been working on Bluemaumau and you were banished!
    Don’t let the fact that there was no con and that I wasn’t “banished” slow you up… You’re on a roll!

    Even the title you came up with for this site, UN- happy franchisee, is further indication that you just want to play up all the negatives.
    Actually, UN- stands for United Nations and represents my desire to bring all the peoples of the world together in peace and harmony.

    Integrity is not dead, despite being beaten repeatedly with Sean Kelly’s ugly stick.
    It might not be dead, but it ain’t moving too spritely, neither.

    Since you are who you are and this IS your site, it’s pretty fair to assume that you won’t actually post this, so I am posting it to every other site I can think of.
    At least your accuracy is consistent. Thanks for spreading the fame.

    OK, it’s your turn, Sean Kelly. Let’s talk about you and your shady business practices. Your Cuppy’s Trashing started to become very apparent in January of 2007. Let’s see… When did you first start to work for Cuppy’s competition?
    Cuppy’s has competition? At what? Not opening coffee franchises?

    When did you first start to experience your jealousy of the success of other men and how long have you had your alcohol problem?
    Actually, not being able to develop an alcohol problem is one of the great disappointments of my career, since alcohol and drug rehab is the family business.

    I am truly jealous of men like Dale, who has a great talent for spotting a great opportunity. He just seems to believe, succeed, then believe some more.

    Did your mother lock you in a closet as a baby and make you really mad for the rest of your life?
    It was a franchised California Closet. I swore revenge on both on franchising and residential space-saving organizational systems.

    …you have some big problems… start talking… maybe we can help.
    You already are helping. I feel much better knowing you’re there. And I’m not.

    Since you’ve been free with your advice, let me return the favor: Brush up on the definition of slander when you get a chance… in between your posting of “anonymous” slanderous, personal and ludicrous attacks about me on the Internet. While I’d probably have to get in line for my settlement, I might just do it for the publicity and to get a few authentic Coach handbags for the little woman.

  • Re: It just is what it is… “One thing is for sure… You are trying to make a buck on the backs of honorable hard working people. To name a few: Dale Nabors, Morg Morgan, Brian Hayes…” HOLD ON! YOU CAN JUST STOP THERE. Honorable hard working people like Dale, Morg and Brian Hayes… Hard working – YES. They work very hard at taking innocent peoples money BUT honorable… Please I almost choked laughing so hard. They are the MOST DISHONEST PEOPLE I HAVE EVER MET!!!!!

  • Nick Sayin

    Guest who? Identify yourself, Dale Nabors, Amy Hiller, Natalie, Jessica, or Courtney? It must be one you guys, because you call Dale :HONORABLE MAN” What? I am sorry I didn’t hear you right. Would you please repeat it? I guess I will have to visit Dale in AL one more time. See you soon Dale!

    Nick Sayin

  • Sean’s response to “it just is what it is”.
    Sean – thanks for making my day although I spit Diet Coke all over my monitor while laughing so hard it was well worth it. This: “Cuppy’s has competition? At what? Not opening coffee franchises?” was priceless.
    Most of us are glad you’re out of the California Closet – so to speak :P

  • Nick: I think your first guess was right. I can sense that righteous indignation and smell that “Believe and Succeed” after shave a mile away.
    There was a “Guest” who attacked me a few times on Cuppy’s-related topics with much the same style. It would be a slow Sunday night, Dale would be posting, then minutes later “guest” would appear and praise Dale for being a great man and call me a drunk or something.
    Once “Guest” claimed to be someone I had lied to when I sold them a franchise – which was funny cuz I’ve never sold a franchise (nor tried).
    Then there’s the drunk thing which is funny cuz I don’t drink all that much… (not more than a fifth of Jameson or so a day). My Dad and brother were pioneers in the alcoholism and EAP fields and I was kind of the non-alcoholic black sheep of the family. I do, however, know who Bill W. is, can recite the 12 Steps and have the Serenity Prayer tattooed on my chest.
    Here’s the ultimate irony: Since he’s been spreading the word that I’m an unethical opportunist using dirty tricks to undermine an honorable company on behalf of some evil, mysterious competitor, my phone has been ringing off the hook. Seems I’m in huge demand from the franchisor community as a result!
    ;)

  • prozac is kicking in, maybe

    Damm, I hate these soap operas, you miss one episode and you’re totally lost.

    Who is Courtney?

    Sean, thank you for taking this abuse with a sense of humor.

  • Morg and Brian are in AL to take the company back from Dale.

    Can someone explain this to me?

    Isn’t Brian head of SBT?

    Isn’t SBT suing Elite? So Brian is coming to help the company that he is suing?

    And who is Courtney?

  • Does anyone know how to get on the conference call today?

  • Does anyone know how to get on the conference call today?
    Pay $88,000 toward an overpriced buildout, light a candle for Morg and say “Believe and Succeed” three times while tapping your ruby slippers and they’ll send you the code for the “Con Call.”

    Pray for a federal bailout. I’m surprised no one has blamed the Wall Street and housing bubble for this lately.Might be more credible than blaming me and the blogosphere.

  • Dear Franchisee,

    It has become necessary to reschedule the conference call to Friday, October 3rd at 1:45 pm CST. We do apologize for any inconvenience this may cause. Please remember that you can email a request to info@cuppys.com if you would like to hear the recorded call. For those that are attending please call in to 616-883-8055 with the access code 542-162-291. Please call in between the time of 1:30 and 1:40 so the conference call can begin promptly at 1:45. The call at 1:45 is specifically for opened stores. Please only dial in on your specific call due the limited amount of space through your access code.

    Sincerely,

    Cuppy’s Coffee and Smoothies & More

  • does anyone know what has happened to the conference call? i have been on hold for 25 minutes waiting for the originator to arrive.

    Was i conned into waiting for the new time at 1:45? was it held at 1:00?

  • Seriously…. Dale has never shown up on time for anything!

  • Conference call @ 1:45 for opened stores. Conference call @ 2:30 for unopened stores during or approaching construction. Question?? When is the conference call for the ones that just lost their deposits. Since the company can’t make any money of them, do they not rate a call?

  • i called in at 1:30 for the 1:45 call…waiting until 2:00 – nothing happend…i just happened to call back at 2:10 and dale is saying he is ending the call and goodbye….so i wasted 30 minutes of long distance to hear a late phone call and all that was said was goodbye…..

  • is it the same access code for both calls? does someone have the 2nd code?

  • We just heard Dale on the conference call & all I have to say is… WHAT BULLSHIT! DALE HAS BEEN MEETING WITH MORG.

  • DALE DIDN’T MENTION THAT NON OF THE EMPLOYEES IN FL OR AL HAVE BEEN PAID YET EITHER

  • The call was for franchisees not ex-employees. Why would they care if the FL or AL employees have been paid yet? It doesn’t effect them.

  • Because Dale mentioned financial trouble. If he can’t pay the employees, he sure as hell can pay to get zee’s open

  • Can someone share the highlights of the call?

  • It lasted about 15 mins. He said he felt like he failed particularly in the area of communication. (Really? nah…) He and the corporate team (team?) are going to work at responding to calls and emails on a more timely basis.
    I think I heard that Dale said he is working with their banks and the franchisee banks to attempt to restore confidence in the brand. He requested a stoppage of negative blogging to give them some time to move past where we are today.
    He hopes to announce that the SBT suit is resolved sometime next week. He intends to meet with each franchisee re: where they are in the process and what they need to get back on track to opening the store.
    The Cuppy’s corp office will be in touch early next week to begin scheduling calls.
    And then a bunch of stuff about how we need to work together to make this the best specialty coffee brand in the US.
    Oh – and have a great weekend.
    Good luck to him and the Cuppy’s “family.”
    He left out believe and succeed…hmm

  • As I stated elsewhere, where was this six months ago?

    He’s asking people to stop the negative blogging, but people have heard that before when they signed their ‘refund’ agreements, and things quieted down until they stopped getting paid.

    Current and prior management has brought this onslaught on themselves. People that haven’t opened their stores yet need to look at the economics of the situations. You could take the $40k loss on your current investment and open independently, and you would probably save $50k on the buildout. Your $10k ahead already.

    Quit letting Dale blow smoke up your ***

  • Is Dale going to start taking the calls of the people who didn’t get financed? I called and sent e-mails almost everyday and never heard a word from him. It seems to me that if he can’t get anything more out of you, you’re still screwed out of your money. I will not stop the negative blogging or trying everything within my power to see that they get what they deserve for taking money from people and not feeling like they need to give it back.

  • jd – agree 100%

  • AMEN!!!

  • he specifically said during the call that people with signed leases will get calls at the end of the week, while current buildouts will get calls earlier in the week.

    i guess people with no leases and no buildouts are still screwed!!

  • It should be pointed out as well, that Dale (prior to his consulting arrangement with Cuppy’s) was a frequent poster on BMM, but seemed to stop after a certain incident. If I find the time, I will go back and find said topic.

  • prozac is kicking in, maybe

    We love you Dale, oh yes we do!
    When you don’t call us, we are blue!
    Oh Dale, it’s true!
    Oh Dale, we love you!

    ‘Scuze me now while I clean up my vomit.

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