STRATUS Lawsuit Alleges Janitorial Franchise Fraud

205 thoughts on “STRATUS Lawsuit Alleges Janitorial Franchise Fraud”

• The greatest thing about blogs like this is the simple fact that you can speak your mind and still be anonymous… but the truth matters.

  The truth about the above is as follows:

  Overhauser/Jack were bottom feeding, attempting to bring in new business to their law firm. After checking the legal blogs, they found “stratus”. They spoke with Jonathan Fortman (more on this later) and they decided to get a copy of the FDD from the State of Indiana. Supposidly, Ms. Jack’s “partner” who is a woman and bi-lingual (speaks Spanish, doesn’t have concept of slang aspect of Spanish) began calling all of the owner-operators listed in the FDD. She basically painted a “bad pciture” of what was supposidly going on in other Stratus Offices in St. Louis, Kansas City, Pheonix and Buffalo. Then asked are these same things happening to you in Indy. Bottom line was, that people that were basically going along and doing/handling their respective businesses then decided that they wanted to be the next Wal-Mart “slip and fall victim” and have their names on blog sites and/or the newspaper with the hope/promise of a big PAYDAY!. aka 1st Amendment.

  Here is the truth, it is varifiable and has already been given to Overhauser/Jack and the court.

  Nydia Martinez invested $500.00 cash, signed note for additional $2500.00, promised $6,000.00 in business. As of 6/2012….She had billed north of $25,000.00!

  Lorenzo Rodriquez invested $6000.00 cash, no note, promised $18,000.00 in business. As of 6/2012…..He had billed well north of $45,000.00!

  Faustina Negrote invested $10,000.00 cash, not note, promised $30,000.00 in business. As of 6/2012…..She had billed well north of $55,000.00!

  Uni-Cruz Rodriquez invested $1,000.00 cash, note of $2,000.00, promised $6,000.00 in business. As of 6/2012….She had billed well north of $10,000.00 and when her franchise was terminated for cause, asked to re-invest in Stratus and was denied as she didn’t follow Policy and Procedures/Training Guidelines. Account Acceptance note for $18,000.00 was torn up and forgiven.

  Maria Mannriquez/Jose Matafasio invested $7,000.00 cash, note of $3,000.00 promised $30,000.00 worth of business, as of 6/2012 billed well north of $50,000.00!

  Jose Ramos/Yolanda Alvarez invested $8,000.00 cash, no note. promised $30,000.00 worth of business, as of 6/2012 billed well north of $12,000.00. Franchise was terminated due to multiple violations/fines which included but not limited too bringing underage children in with them to clean, caught on camera making out while children in the facility, having verbal and physical fights with each other on camera. After having pulled them from their only account, Stratus sat down with both of them and attempted to negotiate a reasonable deal between them and they refused.

  Victor Garcia/Laura Andalon, invested $4,000.00 cash, no note, promised $9,000.00 worth of business. Was given an account within 30 days of training completed, 2x per week cleaning of a church, billing north of $780.00 performed so poorly, customer asked for a change before 1st month was over, then given a building worth $195.00 per month, then given one building with two seperate cleaning sites in that building worth $255.00 and $235.00 per month respectfully, lost two of the three acounts after 6 month’s of cleaning due to missed days, poor performance, fined numerous times etc…. Total billing to date as of 6/2012 was well north of $10,000.00

  Teresa Escabado: Put $3,000.00 cash down, note for $2,000.00 promised $12,000.00 in business. Teresa was offered a single building worth $1300.00 per month in business, less than 10 miles from her house, turned it down stating it was too far. Offered another account at $925.00 per month in business, less than three miles from her house, never showed up for the walk thru. After numerous attempts to call her about other accounts, Stratus served with lawsuit. If she had accepted either of the accounts it would have filled/more than filled her book of business owed. Promissory Note never enforced.

  Ronny Funes: Put $1,000.00 cash down, note for $2,000.00 promised $6,000.00 in business. Mr. Funes turned down over $3,000.00 per month in business, spread out over 6 different account offerings, three of those facilities were within/less than 5 miles from his home. Promissory Note not enforced.

  Nydia Martinez, Victor Garcia/Laura Andalon, Maria Mannriquez/Jose Matafascio, Faustina Negrote, Lorenzo Rodriquez all had active buildings and active accounts at time of lawsuit filed.

  Lorenzo Rodriquez, Faustina Negrote, Yolanda Alvarez are all relatives, Lorenzo referred Faustina approx. 1 Year after starting his franchise, Faustina recommended Yolanda Alvarez/Jose Ramos approx. 1 Year after starting her franchise.

  So now, let us talk about the absurd allegations made in this suit and put them to bed once and for all…..

  a) Stratus Indianapolis NEVER enforced the non-compete language in FDD. Numerous current and former owner-operators have and had business on their own, worked with other franchising companies such as Office Pride, Jani-King, Coverall and Jan-Pro with full knowledge and approval. Still others sub-contract work from companies such as 4M, ABM, Quality and other service providers in our area. Numerous have their own accounts and had them from day one.

  b) Stratus Indianapolis and their Management Team have assisted owner-operators in bidding of other accounts directly on their behalf, with their input, with agreed upon terms of how the “split” would go for both parties.

  c) Stratus Indianapolis has a well known “open door Friday” Policy in which any owner-operator can come in and speak with Regional Director, Office Manager, Operations Manager about anything at anytime.

  d) Stratus Indianapolis never had a gun to anyone’s head and asked them to “pay now” or else. They not only had their 14 day waiting period, but were encouraged to ask questions, think about it, encouraged to visit our competitors, check out website, web information, BBB rating and make a wise business decision.

  e) Stratus Indianapolis has always operated in positive way with owner-operators to resolve problems as best as possible. Last year, fines were less than $3,000.00 in total levied against owner-operators and always after being warned verbally and in most times, in writing, at least 3x that amount was waived by Regional Director and/or Operations Manager. Meaning less than 250.00 per month was average fine.

  f) Nearly 50% of all owner-operators in the Indianapolis Office are direct relatives of someone that was already in the franchise system of Stratus Indianapolis.

  Bottom line is, you had/have a bottom feeding attorney, that has decided because of what other Stratus Offices have gone thru, Indianapolis has done equal too or worse than them and they had an uncertified bi-lingual “partner” of Katherine Jack make outlandish and false statements in order to “fit” the charges levied against other Stratus Offices.

  Though everyone has a right to their day in court, when falsehoods are broadcast, the truth has an obligation to see the light of day.

  In regards to Jonathan Fortman, might want to find out the recent ruling in Missouri Court was and see if he is willing to post that or the administrator is as fair handed as he appears and posts the finding in the public record for all to see.

• Figured Overhauser/Jack would have responded by now, probably going to wait a few days since they have some internal issues to deal with. Soon the “partner” will be drawn out and served as she should be. Wonder what kind of Sanctions that both Overhauser and Jack will have brought against them in the near future?

  Old saying, “live by the sword, die by the sword”. When you file a lawsuit based upon false statements, don’t have Plaintiff’s sign a simple affadavit of fact, continue to spread those falsehoods on blogs/websites, threaten with motions to compel and additional false charges, eventually it will come back to bite you in the “rump area”!

• Poor Overhauser/Jack, had a very rough day in court yesterday. Overhauser tried to put on a show, problem was judge didn’t want any of it. Tough Questions were asked by the Judge. Soon they will get even tougher. Ms. Jack might want to ask herself was it really worth misleading both Overhauser and the Plaintiffs. Really kind of funny, I know that Overhauser/Jack are needing business, but to really go this far down the into the “pond scumming” aspect to find a case is unusual.

  Once Stratus Franchising is removed from the case, so is the money aspect. Plaintiffs aren’t going to put up any more money. Yesterday’s show was poor. Even they are smart enough to realize that it isn’t worth throwing bad money after bad money. Overhauser/Jack should apologize to them, but they won’t. They have done the real harm here. Once case is over, the Plaintiffs are the real losers in this case. Overhauser/Jack won’t be let off the hook by me though. I will figure out a way that sanctions at the least are levied against them.

  I feel for “bob” as well. He is lost, he will simply continue to be lost, they shouldn’t have given him the false hope either, but they are the one’s that will have to pay the price both mentally and hopefully financially.

  Updates coming next week as well……..

• Jerry Wenger wasn’t in court on Friday for the dismisal hearing. The judge was not amused as Trash Bag describes accurately, but he was not amused beause the Plaintifs were having a difficult time, it was because Stratus aka Shamrock Building Services, changing their name to “Service Crud” excuse me “Service Cube” so t hey can distance themselves from Stratus Corporate, did not show up for theeir motion in person. Make no mistake, Shamrock Building Services aka Stratus Building Solutions, is not what they franchises were sold, and money taken. Sstratus is the product they werer sold BY Shamrock Building Services, in court, the lawyer for Stratus tried to distance themselves from Shamrock Building Services saying they were not responsible for what Shamrock sold nor how, and that it is was not their responsibility for Shamrock’s business practices. If I owned company that sold franchises, and told them, “Do business any way you want, we don’t care.” then how long would I be in business. While the janitorial business is wroght with all different kinds of business models, who wants to be a part of a quote “Fortune 500 Company” that doesn’t police it’s own franchises? One that doesn’t keep a strict code of ethics, and a mose of operation that is standard. McDonald’s does..Subway does. Stratus clains no responsibility for Shamrock. In fact, the name Shamrock Building Services was used by the defendants instead of Stratus. To the franchisees however, Shamrock is not what they were sold. They were sold Stratus, national company, great reputation, Fortune 500 company. One they could become as big as they wanted in. Just pay for how much business they wanted. Please note though, it was NEVER their business. It was a bill of goods. One or two issues, and Stratus (Shamrock?) could take them out of a building in a heartbeat. It was never their (the franchisees) business, it was Stratus’ and THEY PROTECTED IT,

• anonymous rex, thought we agreed to call you “Bob”. I have to look up spell check everytime that I do anonymous….bottom line is the following, Overhauser/Jack are going to lose, simple as that, Question comes to how much the Plaintiffs are going to lose. I am sure that Overhauser/Jack forgot to tell them that they can be sued for attorneys fees, filing fees, harm done etc….Aka poor ole Aiwah in the Coverall Case.

  They will not only be forced into bankruptcy, many of them will simply have to pack their bags and move to another state or possibly back to Mexico. All because of Overhauser/Jack filling them with the same lies/non-sense that you are attempting to spew here and other places. I would only hope that yours and the Plaintiffs private information remains that way, could you imagine what the existing owner-operators would feel about all of you, causing them real financial harm, causing them to lose their accounts, lose their business opportunity, taking money out of their families mouths when they need it the most? I don’t know, I sure wouldn’t want to be you/them if that happened.

  Oh well, I guess all’s fair in love and war as the say……

• Hefty Bag…you are confused. I have better things to do than waste my time with this piddle. YOU are the ones having to defend yourselfs, not me. Changing your name won’t matter. Using my name Bob only says this, I am named Bob. Who cares? Someone however, has your number, and sees this for real the way it is. God opposes the arrogant, I wouldn’t be so sure of your position. You never know what might be waiting in the wings.

• Lies be told, aka anonymous Rex/Indy, aka “Bob”. I mean come on, how many handles are you wanting to have? Don’t mistake honesty/truth for arrogance. Overhauser/Jack/You are nothing but bottom feeding cowards, pond scumming liars and overall slimey people. You attempt to “cloak” yourselves, but the end is near as far as this worthless lawsuit is. Here’s a reasonable bet/prediction of things to come:

  a) Sanctions will be leveled against Overhauser/Jack
  b) Lawsuits will be filed by Stratus Franchising, LLC and Shamrock Building Services against the Plaintiffs.
  c) Plaintiffs will be in bankruptcy and many/all will be forced to leave the State
  d) You will continue to be a “wannabee”.

  I don’t care what is in the “wings”, it will be met head on, just like this non-sense has been, I can’t help it if others are stupid. That is what has happened to this industry as a whole, everytime someone makes false charges, instead of fighting it in the courts only, you must have the conviction to fight it everywhere else. Cowards will always use the Media, then complain when someone on the “other side” dares to play in their realm/field.

  Katherine Jack and her “partner” have caused great harm to Overhauser and the Plaintiffs. She will be released from the Overhauser Law Firm once this non-sense is over. Bet on it.

  As far as “god” goes, bottom line is that you can only bring god into something when you don’t have a legitmate argument. YOU have cause real harm, YOU have issues with your family, YOU have failed these Plaintiffs almost as much as Overhauser/Jack has.

• Listen up trash bag, you are the low life who is talking about families and harm. What about GIS? You put them out of business with your cocky recklessness. Cost them tes of thousands of dollars. You sit fat behind your desk and wield the sword of arraoganc. Bottom line though is, it was YOU who got taken to the cleaners for $120,000.00. If you were as smart as you act, it would never have happened. I don’t know how you keep a job the way you treat people. Kev is just blind and has no one else to replace you at this time, if you cost me that much money, and the continuing lawyer fees to track it down, you’d be standing on 465 with a sign beggin’ for spare change.
  I would never had know about this stupid blog zone had you not mentioned me directly in it. The lawyer told me about it. I hope the people who read this take proper note, it’s a child mentality that talks about a man’s family, especially when he doesn’t know a thing about what he was talking about. You are low, you are dispicable. There are things I could say here, but, frankly, you just are not worth any more of my time. See you in court.

• Lies be told, aka anonymous rex/indy, aka “bob”…..So, “your attorney told you about this blog”. Nice, slightly unethical, but he/she will only get admonished a little bit in court, the real scandal with Overhauser/Jack is getting closer and closer into focus…… In regards to You, let’s play this out a little bit as you continue to become “unhinged”….. “Your honor, what does it say about a man that has two ex-wives, the last one he left when he found out she had cancer, a man that has two step-sons, both of them with felony charges/records/jail time, a man that he himself was arrested within the past few month’s for domestic related issues and resisting law enforcement”….. Does Overhauser/Jack know what they have in you? They do now.

  You just cost GIS the opportunity to stay in their building…..I am sure that they will have something nice to say to you about that.

  In regards to court, you are a coward, you bluster and fuster and you won’t be there in the end.

• A man who uses tactics like you will eventually get what he deserves. You do not scare me, you do not have any ethics what so ever. As far as the attorney goes, you were blaming me for saying things when it wasn’t me, it was when you identified me personally, that I was told about this. You have no class, no morals, and how in th wide world of sports have I cost GIS anything? YOU, you nasty man, have the audacity to blame any of this on me? I didn’t send them to Illinois to do work that they never got paid for. Now, you are going to punish them for what? That we talked?They are decent guys and you are a selfish, self centered slob, who cannot control himself, or his tongue. I will waste no more time with you in this, I just wanted to see how low you would stoop, and you didn’t let anyone down. You are the lowest, your company is untrustworthy, deceitful. Its a bad reflection on everyone there, even those who are unaware of the way you operate. To all that read this, let it be known, I am what I am, I have had a history; I have never hidden from it, I however have changed, and used it to help others who have had difficulties. Take a good look at this blog, and see the kind of man Stratus employs by the words he slings. Even corporate Stratus is distancing themselves from them.
  Would anyone believe him, or want to work for him?

• Lies be told, Annonymous Indy/Rex, aka “Bob”….Well maybe, but it will take a much better and smarter man than you/Overhauser/Jack…Though Jack technically isn’t a man, she does play one from time to time….You continue to promise that you won’t post here any longer, but if my counting is correct, this is the third time that you’ve posted that same promise.

  In regards to you, you will continue to be a second class wannabee, always wanting to be someone else, always wanting to do something else, always wanting to accomplish just one thing positive in your life.

  Obviously, you still want to work with/for me, lord knows that you belly ache enough about a simple job, that simply you couldn’t do!

  Now back to the case at hand, so you claim that you are/were only anonymous rex or indy? it is obvious that you are “lies be told”. so was it Overhauser or Jack that was the other?

  Noticed how you, nor Overhauser/Jack even questioned my original post. Kinda hard to dispute the truth isn’t it?

  Sorry about the truth being posted by me, I know it hurts, but it is still the truth….Soon you will be going by the wayside just as Fortman, 1st Amendment and the others before you.

  Continue to be unhinged, wouldn’t have it any other way…….

• Lies be told, aka annonymous rex/indy, aka “bob”: Please make sure that you tell Overhauser/Jack/Plaintiffs, that a full disclosure was completed yesterday to all owner-operators, this process began nearly two weeks ago, everyone knows about the lawsuit, everyone knows about the harm caused by Plaintiffs, You, Overhauser/Jack. I certainly wouldn’t want to be in Plaintiffs shoes.

  Lies be told, aka annonymous rex/indy, aka “bob”: Guess you promised a bunch of buildings coming soon to an owner-operator. Should be real interested to see how you can get a “bunch”, when you only sold six (6) your entire time, working full-time with a credible source/company. Does that mean you are going to attempt to “steal” existing customers/accounts from owner-operators, their families, their investments, food from their tables?

  Love how Jack/Overhauser are attempting to “reach out” to former employee’s, wonder what kind of reaction that they are getting? Well, obviously I already know or I wouldn’t be releasing this information in such a public way. How does it feel to be told that you are Nuts? How does it feel not to get a response to “you may have witnessed some/all of the following attrocities during your time with Stratus”, “Please contact me as soon as possible”. I guess when someone like Jack “spews” crap/lies/innuendos day after day, they persume that it is the truth, yet when told the truth, they are convinced that the other party is either lying or been paid off somehow.

  Lies be told, Overhauser/Jack, Plaintiffs you will be going the same way as Fortman, 1st amendment and other multiple posters on this site have gone in the past….A Flash in the Pan! Your 15 minutes of blogging fame are over!

• Viewers: I heard about so many exciting things today that happened in court, I almost don’t know where to start, well that is a little bit of a lie, let me first do a great shout out to my friend Lies be told, annonymous Indy/Rex, aka “Bob”, I heard that you looked really haggard today, no, I don’t mean Merle Haggard, just plain old haggard! Must be that wacky weed that you started smoking again, or could it be the fact that you are rumored to be a “kept man”?

  Poor Plaintiffs, guess they are realizing that there really is “no end in sight”, plus they heard today that at least one of the Defendants is planning on deposing “under oath” all of them if this case continues. Wonder what they will have to say when it comes to legal residence questions, legal status/standing questions, opportunity based questions, damage related questions, comments made to other owner-operator questions, comments made to customers questions, a whole variety of interesting questions. Especially since they just learned that the case will easily be going into late 2013 now without any issue at all. Of course, makes me wonder how much more money/time that Overhauser/Jack are willing to “put into the till” on a losing venture in the end.

  Poor Overhauser/Jack, heard they had a rough day as well, misrepresented plaintiffs positons on a couple of things, was told about the stress on their faces and the desperation in their wanting to “move things up” on the court calender. Guess what is about to happen now?

  Overall, I heard it was a bad day for the liars, and a good day for those that have done right by people, right by the owner-operators, right by the customers and lets see how this all plays out…..

• Viewers: Sorry, I was just texted a question that I think is really good and maybe either Overhauser/Jack or possibly Lies be told could ask his woman to respond for him…

  Question: If the case won’t be final until late 2013 or early 2014, what would happen if Defendants Lose?

  Answer: Appeals upon Appeals upon Appeals. That has already happened in numerous cases envolving franchise companies such as Coverall, Jani-King, Jan-Pro, Cleannet and others….Look at what happened to the Coverall case recently, that case is on Year 7 or Year 8 now! And there was only one Defendant in that case, technically there are at least four in this one……

  Also, lets say it runs its course on appeals, what then? Well, a judgement to pay will be ordered….Good Luck on Collecting that! Of course by then, you must ask yourself, “self, how many of these people will still be around to collect?” I am sure that Overhauser/Jack have told their fired up Plaintiffs the truth on this….Don’t you?

• Jerry Wenger aka Hefty Bag, proved one thing in court today. The man who represents himself, represents a fool. So much arrogance. Jerry put himself on the same level as the attorneys, even though he is no attorney. Even the judge asked him why he didn’t have an attorney, and admonished him to get one. All of his arguments to dismiss were refuted. Even now, in his statement above, he shows his character (none) daring to challenge to collect should he lose!!!! His sexist statements towards Katherine show a man backed into a corner, no class. Spew all the puke you want there Mr. Wenger, but instead of exonerating yourself, you show what a poor, weak excuse of a man you really are. I feel sorry for you in that sense.

• Viewers: Sorry, I had to “step out” for awhile last night, had too many texts and emails about some of the postings…..What did I miss? Merle aka lies be told, aka annonymous Indy/Rex, aka “bob” has taken things way too personal I see and is claiming that I am someone known as “Jerry”. Interesting, but more on that later……

  The texts last night, some of them were from a person that I will simply call “BRO” his actual handle used to be Big Red One. He is a former military man, now owns his own business. BRO followed Mz. Jack last night to a rally for the feministas aka Sandra Fluke wannabe’s. He admitted that he was scared for his life a few times, being a real Man’s/Man, but not as scared as a bunch of illegals at a TEA Party rally! (had to go into the Politics, just for a moment).

  BRO also checked in on Overhauser, but it was an early night for him, he simply had his warm milk and cereal about 8p.m. and turned in for the p.m. You know Patent Attorneys, they are full of laughs and spit/vinegar!

  BRO also checked in on Merle last night, but BRO simply couldn’t keep up, after a BONG Party in which the weed was flowin, Merle started singing and it really wasn’t a pretty site for anyone.

  Now back to the real story here, there’s an old saying ” In order to know your future, you need to only look into the past”. So Merle thinks I don’t where this case is heading, well let’s go ahead and play it out for a second or two as I don’t want to bore the Viewers too much…..There is a reason why lawsuits envolving commercial cleaning franchise companies only modestly work in states like MASS, California Dreamin and to a lessor degree MN. Why do you think that is? Can you imagine a Jury of “Peers” in states like IN or GA for instance, siding with such a radical view as contracts are worthless, allegations without proof, questionable residency status, even the great Shannon Liz Riordin got her hat handed too her in GA and with the recent rulings in California for Jani-King, well lets just say it is really going to be an uphill battle for Overhauser/Jack. Biggest Mistake that I heard he made was demanding a Jury Trial.

  Now, let’s talk about the Commercial Cleaning Franchise Business for awhile, as I think this is very important…..While I truly believe in modest reforms are needed in this industry, you cannot deny its success..In fact you need to look no further than the BSCAI Membership roles to see that some of the biggest players in the commercial cleaning industry are Franchising Companies….Jani-King, Jan-Pro, Coverall, Vanguard, Office Pride and the list goes on, you’ve even got a group of “split personality companies” such as OpenWorks, Marsden, Varsity, Environmental Control that were/used to be strictly speaking “traditonal only” companies now seeing the light at the end of a very long tunnel, franchising. Then you’ve got these Management Companies such as City Wide that are franchising/sub-contracting models.

  Now you say, if EVERYTHING ever posted about these types of companies are so BAD, How do they continue to grow? Answer is they provide high range of quality services, owner-operator based cleaners are the best in the business when compared to part-time, don’t give a hoot, walk out the door in a New York Minute (shout out to all my friends in New York, my heart is with you, my money is with the Red Cross and Salvation Army and you!) inconsistent, call in with a hang nail cleaner!

  Now, stay tuned as their will be more later, including a wierd text about someone that I will simply reveal as OG for now. Surprised to hear that she was in the Peanut Gallery at the recent hearing, boy, is she an albatross for the Plaintiffs!

• Viewers: Ok, enough already with the texts and emails, I will never reveal other than Overhauser/Jack who someone is really, but I will share the story for the viewers…..OG is a former “franchise owner”, but here’s the problem for the Plaintiffs and their attorneys…OG didn’t actually purchase a package/book of business with her franchise rights, you see, her brother (OG as well, go figure) sold her one of his accounts and then paid for the training/transfer fee for that account to go under her name! So that really blows the Plaintiffs out of the water on multiple fronts:

  a) The argument that these accounts aren’t controlled by the owner-operators, as long as an owner-operator is in good standing, he/she can transfer accounts that they are in good standing on, to a third party and whatever arrangement financially that they make with that third party is directly their business and not ours to know. Now, the third party must go through training, must become certified and must agree to adhere to Policy and Procedures, but in this case, NO MONEY ever came into Stratus/Shamrock from the third party. If a witness for anyone, it certainly wouldn’t be the Plaintiffs.

  b) That Stratus/Shamrock operated so poorly and treated people so poorly, that OG’s brother, actually brought her in, sold her in affect part of his business, paid for her training and paid for the account transfer over to her name.

  c) That Stratus/Shamrock got their owner-operators by deceptive practices in marketing and supposed lies. She is another perfect example of existing owner-operators bringing in family members to have the opportunity to own/grow/handle their own cleaning business.

  Overhauser is awake now, so this goes out to him, I heard that you revealed your entire strategy about this case yesterday. All on that “flawed document”, interesting, you know the problem with a “flawed document”? It’s flawed and it cuts both ways.

• Viewers: Sorry, another question came in via the phone from someone that is closely linked to this travisty of a lawsuit. Question? How could Overhauser/Jack make such outlandish statements about the fact that Stratus/Shamrock forbid its owner-operators from working for other companies, working for themselves, having you guys help us with bids/opportunities etc….?

  Well, you need to understand that when a lawsuit is “cut/pasted” such as this one was from two other lawsuits (one from California Plaintiffs et al vs. Goldeneye and Riveria et al vs. Simpatico) then you simply assume facts that simply aren’t in evidence, or in this case, simply untrue.

  As you read earlier postings, I simply refuse to disclose the actual names for a variety of reasons, however, initials or “handles” are just fine….Here is just a few examples of owner-operators (existing) and even some named Plaintiffs that had/have relationships outside of Stratus/Shamrock and no one has been, no one will be, no one could be sued for doing this, especially since we not only knew about it, but in several of these cases assisted with them via bid production, walk-thru time, sales/estimation meetings etc….

  Existing Owner-Operators that have relationships with other companies, business on their own with our full knowledge and without any payment being rendered to Shamrock/Stratus:

  JM
  GM
  TC
  DV
  DP
  FG
  FM
  PF
  PR
  LS
  OG (not that one, but the other one)

  Now I could actually add an additional 6 or so, but you get the point.

  How about the Plaintiffs? Were there any of them that had cleaning service relationships with other companies or accounts on their own? Yes, the following Plaintiffs had/have relationships with other companies and/or on their own.

  Eni-Cruz Rodriquez, sub-contractor relationship with CBSG
  Faustina Negrote, owner-operator relationship with Jani-King
  Lorenzo Rodriquez, owner-operator relationship with Jani-King

  So, I guess the old saying is, when people make false statements, what does that do as far as credibility with nearly everything else that they are saying?

• Viewers: Though I knew that Overhauser/Jack were viewing this site and were the one’s that originally posted the lawsuit through the admin., I have it from a good source that they are skeptical about the owner-operators that I have listed and how much I actually know….So, if this gets them to come to “Jesus” sooner vs. later, and I know that as I am destroying their delicate and mis-points of this case one by one, I still will not reveal their names, but let me go ahead and give them enough information so they can confirm/deny.

  JM- Has own company, has relationship with Jani-King
  GM- Has own company, has relationship with Jani-King
  TC- Has his own company, has maid service with his wife
  DV- Has his own company, has relationship with Jan-Pro
  DP- Has his own company, has relationship with Cleannet
  FG- Has his own company, has sub-contractor relationship with numerous companies including USM, Capital Contractors and others.
  FM- Has his own company, actually two additional companies
  PF- Has his own company, has relationship with Jani-King
  PR- Has his own company, has relationship with ABM
  LS- Has his own company, has relationship with Jan-Pro and Office Pride
  OG- Has his own company, has relationship with ABM

  Now, the problem with “lies be told, anonymous Indy/Rex, Bob, Merle” is simply he knows nothing, the crap he has given Overhauser/Jack is exactly that, crap.

  Now, they should do the right thing here, but of course, why would I expect that? So, I guess over the coming days, there will have to be more things brought to light.

  All for now……..

• Wow, I just got an update of everyone’s activities for the p.m. from “BRO”…To all of our viewers, please read the earlier posts in regards to “BRO” and the others.

  Overhauser: After putting on a clean/new (hopefully) pair of Depends, he decided to hit the Montana Mike’s Early Bird Special, unfortunately, he got there at 3:30p.m. for Supper and the Early Bird doesn’t start till 4p.m.

  Jack: After be chastized by Overhauser for getting him into this mess in the first place, she called her “partner” for a wild night on the town, They are planning on dancing the night away at Merle’s place.

  Merle: After being told by his “woman” that he needs to cook, clean, do laundry, mow the yard, rake the leaves and wash her car by noon, he is taking a quick “hit” and taking a shower for tonights big event with Jack and “partner”.

  So, I got the viewers going in different directions, I had a text asking me for more “history” about the Coverall Case that I talked about earlier as well as the Georgia Case. Instead of me doing all of the work for you, just look up the following:

  Jan-Pro International vs. Depianti
  Juarez vs. Jani-King
  Virginia Attorney General Opinion- S.B. 34, 2010
  Massachusetts House Bill- H.B. 3513

  Now this should be all until TOM. But I have a feeling there maybe some “late breaking news”. Well for anyone else except Overhauser as anything after 9p.m. is the next day!

• Viewers: So I guess I need to update everyone in regards to the way things ended yesterday with our primary cast of characters:

  Overhauser- Though he admittedly was too early for the early bird, after threatening to file suit, Montana Mike’s relented and allowed him to order off the early bird menu. After drinking too much Ice Tea, he had to go into the restroom and change his depends.

  Jack/Merle- After listening to Merle sing his updated version of “Tonight the bottle let me down”, Merle simply passed out on the couch only to awaken later and take a hit off a recently lighted “bong”. Jack had already left with her “partner”, so there is absolutely no proof that she was the one that lit the “bong” for Merle or anyone else for that matter.

  “BRO” found out that in fact OG had accidently forgotten to metion to Overhauser/Jack anything about not having given one red cent to Stratus/Shamrock directly and that she was sorry to have caused such a problem, especially for Overhauser as he went to “bat” for her with his old friend George at a Downtown Building which he convinced George that Stratus/Shamrock was a sham, that they had caused direct harm to OG and in fact had not ever warned OG about her issues and had scammed her out of ten’s of thousands of dollars (per OG, but Overhauser lacked the intestinal fortitude to bother to check to see if anything was true, hence his need to wear Depends). However, OG’s omission, Overhauser’s Reaction/Action, his relationship directly with George actually caused harm to an innocent owner-operator who was in the facility with not only prior knowledge of George, but written approval from George and/or his representative as to why the change that Stratus/Shamrock had requested was needed and thereby approved and George and his surrogate both admitted that recently offered owner-operator was doing a fantastic job and the facility had never been cleaner…….

  So, because Overhauser directly was the reason that a change was made at a facility and OG omitted important information, just wonder what legal issues could be derived from that?

  “BRO” also found out that the account in Maria Mannriquez’s “offer of proof” that was used to claim took her more than 9 hours per night to clean, is in fact less than a 2 hour per night clean and office manager (Sue) is more than willing to testify/affadavit that Maria was never there more than one hour to two hours per night the entire time that Maria/Jose were handling the facility cleaning needs of her building in question.

  “BRO” also discovered that the sum total of chemicals purchased through Stratus/Shamrock for the 11 Plaintiffs listed in the suit, minus starter kits was less than $350.00! Not $350.00 per year, simply $350.00 total! Now you want to ask, well how long were these Plaintiffs with Stratus/Shamrock?

  Nydia Martinez- North of 3 Years
  Lorenzo Rodriquez- North of 3 Years
  Faustina Negrote- North of 2 Years almost 3 Years
  Maria Mannriquez/Jose Matafasio- North of 2 Years, almost 3 Years
  Victor Garcia/Laura Andalon- North of 2 Years
  Elsa de la Cruz- North of 3 years

  So, I guess Shamrock/Stratus really put the screws to these people in regards to making sure that they purchased EVERYTHING from them vs. on the open market!

  More “BRO” findings later in the day, because “Hefty Bag” always likes to have at least two sources before revealing actual case related issues vs. simple humor with Public Entities such as Overhauser/Jack.

• Late Breaking News!: “BRO” has confirmed that there is dissention in the ranks of the Plaintiffs….Evidently, Overhauser/Jack have been asking for all Plaintiffs and Plaintiff supporters to show up in court each and every time! However, “BRO” discovered that only two Plaintiffs, one outsider and “Merle” were actually in the Peanut Gallery! Seems like just a week ago, the Peanut Gallery had at least 20 or so members in it……Stay tuned, more on this later.

  Plaintiffs have been sold a “bill of goods” by Overhauser/Jack, seems like they are finally starting to realize that and are going to start walking with their feet and not open their wallets any further. Of course, the same thing happened in the case of the 51 Plaintiffs et. el vs. Goldeneye. Seems their attorneys assured them that they would only need “x” from them as far as monies and when they went back a second time for an additonal $400.00 per plaintiff, they found out their source of income had gone away.

  “BRO” has confirmed that Jonathan Fortman has been giving both advice and turned over certain documents to Overhauser/Jack. He is confirming what those actual documents are. But has confirmed that Overhauser/Jack have spoken to Fortman nearly 1 dozen times and did received documents from him back in May/June of 2012.

  Soon the Deopositions will begin for the Plaintiffs, it will be real interesting to see how far they are willing to go, because in order to support the outlandish statements supposidly made to Overhauser/Jack listed in the complaint, combined with the documentation already given to Overhauser/Jack to refute said claims, combined with additional information readily released on this site, they would need to Perjure themselves in order to continue with the process/case. Perjury is a serious issue, we will see if they lack the intestinal fortitude as Overhauser obviously has…..

  More to come in a.m.!

• Early AM News: “BRO” has uncovered much evidence in regards to Overhauser and in fact questions whether or not Overhauser is a “friend to the working man”!

  “BRO” concerned about comment made by Overhauser/Jack in the actual lawsuit where they called the commercial cleaning industry ” unskilled” and called into question the overall ability of the workforce in general because it doesn’t take a “degree” to do this work. REALLY?

  “BRO” also uncovered the following real statements and issues with Overhauser:

  a) Overhauser complained to his landlord that they were charging him way too much for his commercial cleaning services….Landlord gave him a breakdown which actually showed Overhauser was being charged a whopping $8/day for 5x/week service! Overhauser, bitched and moaned and landlord reduced it down to $6/day for 5x/week service! Living Wage? only in Mexico or 3rd world countries!

  b) Overhauser complained to his landlord that $100.00 in cash was missing from a file folder located on his desk…He demanded that landlord replace the $100.00 because he knows the cleaning staff took it!

  c) Overhauser is evidently on record speaking ill of the illegal immigrants coming into this country and taking jobs away from those “REAL AMERICANS”!

  d) Overhauser has a direct connection to “Merle”, more on that later, but what does that do to the recently agreed upon Protective Order, there seems to be an issue there for “BRO” to continue to follow up on.

  Evidently, Mr. Overhauser isn’t exactly what he attempts to appear to be……….More on this later.

  “BRO” has also confirmed that the following Plaintiffs will be requested for depositions within the next few days: Nydia Martinez, Faustina Negrote, Elsa de la Cruz, Uni-Cruz Rodriquez.

  “BRO” has also confirmed that Overhauser/Jack feel so little about the actual facts of this case, that they are doing everything possible to make sure that this case doesn’t actually go to a Jury Trail. They are attempting legal trickery in order to get a Judge to hear the case directly in the form of a Summary Judgement….Seems to me, if you print the outlandish remarks and make the level of false statements/lies that you made, that you should be held accountable by the Jury that you requested……I don’t know much, but it seems to me that if you are going to call honest working men and women thieves, dogs, masters, slave owners, that you should have to make those statements to a court/jury of peers!

• Hefty Windbag writes: “I don’t know much…”

  Amen to that.

• Is Hefty Windbag doing all this defending on company time? It’s a guilty man who talks so much. “Me thinks ye protest too much.” Ditto to “Guest”. Hefty don’t know much.

• @ Guest and Guest too: Awe you guys are finally weighing in, it is amazing how long it takes sometimes and what it takes sometimes to hear from the other side. The depth of your argument, the chosing of your names, it leaves me speechless, oh who are we kidding here, I’ve never been speechless my entire life and I operate why only chose 10 words when 100 will do!

  Now, back to the real conversation of the day, as the dismantling of this bogus lawsuit continues. What a second, “BRO” has chimed in with updates……..

  “BRO” claims that he has undeniable proof, that Overhauser did in fact have to change his depends at Montana Mike’s the other night! I’m not sure what proof that is, but I am sure that I don’t want it! Overhauser was also seen at a recent rally, the problem is all of them were in walkers or wheelchairs, wait a second, it wasn’t a rally, it was Senior Day at Wal-Mart!

  “BRO” has also kept close tabs on “Merle”, as he goes from the bottle to the bong, it has become increasingly noticable that he has no employment chances working for anyone in the near future, he is attempting to become another “ward of the State” but that too shall fail again.

  Now back to the rest of the story, as the dismantling of this bogus lawsuit continues and the REAL Overhauser/Jack are exposed…..It is amazing to me the “jelly fish” way that Overhauser conducts himself. But what do you expect from a Patent Attorney that is attempting to win a Franchise based case with nothing more in his ammunition pouch than a flawed document.

  So, Plaintiffs have lied in mutliple ways, multiple times, have technically perjured themselves, even though Overhauser/Jack state quite proudly that they don’t have to sign an affadavit or make any kind of reasonable effort to put their name on the line, they simply are allowed to spew crap and not have to prove anything until deposition/judgement day. But that too will change soon as the depositions begin. Despite Overhauser/Jack’s best efforts, this case will move forward to trial and therefore, these Plaintiffs will be forced to take an “oath”. They will be asked simple questions by the Defendants….Some included as follows:

  1) The words used in the filing of this case, your “allegations” did you actually say them or did you speak with someone else and who was that?
  2) Per your 1099’s what did you receive from Shamrock/Stratus?
  3) Please state for the record how you came in contact with Overhauser/jack?
  4) What were you promised by Overhauser/Jack in regards to them possibly winning this case?
  5) What is your current legal status?

  And it goes on and on………

• Breaking News! Just got a text, wanting to know why I am so passionate about airing facts about the case on such a public forum……

  Answer: When you make false statements about people, you should have the right to not only answer those false statements, but to show/tell the truth. Overhauser/Jack made sure that either themselves or their surrogates posted this lawsuit here and other sites. Last time I looked, we were still in the USA! Freedom of Speech works for all, right to question is mandatory, right to tell the truth is a must…..It will be real interesting to see how many of the Plaintiffs actually show up for depostions, my guess is few. There goes Overhauser/Jack’s case in a nutshell, when faced with truth/facts, it simply doesn’t stand up past the “smell test”. This case smells real bad for Overhauser/Jack/Merle/Plaintiffs.

  More revealed soon, how/why Plaintiffs lied…..Though Overhauser loves to shop at Wal-Mart, we won’t allow Plaintiffs to be the next “slip and fall victim”!

• Late Breaking News! “BRO” has caught up with our primary cast of characters on election day……Let’s make sure everyone gets out and votes today! If you are a Democrat, please get out and vote, whether you are dead or alive and vote early and often!

  “BRO” has word that Overhauser is in a walker attempting to chase down and ambulance? I’m not sure what the symballism is there, but that is what he is reporting.

  “BRO” also has found out that Merle’s woman has given him an airline ticket to Washington State where he and Willie Nelson are holding a rally for “free pot, it is an American Right”!

  “BRO” also has confirmed that Jack is holding a rally at IU for Sandra Fluke wannabee’s and that she is wanting the $9.00 birth control for all men!

  “BRO” caught up with Plaintiffs as they mistakingly appeared at a TEA Party Rally, I truly believe someone sent them there by accident or possibly mis-translated what the Rally was about!

  Enough for now……

• Hefty Bag thinks this is funny, degrading women, accusing attorney’s of bad law practices. This is exactly the reason for all the lawsuits. Treating your opponents in a lwasuit, and running down minorities for seeking damages after being fleeced for money a though they were non-thinking, ignorant flies, to be swatted away, is the height of discrimination. I hope when the judge reads these, he understands that anyone with such low character, (we are talking about a heart condition here) cannot be trusted to tell the truth, let alone be objective. Does Hefty Bag understand that for anyone suing for under $6000.00 in the state of Indiana, they can take him to small claims court and the decision to render a verdict for the claimant is not based on a preponderance of the evidence, but on a common sense interpetation of the law by the court. I look forward to seeing that happen, if for any reason Straus would win a decision. I however, do not see them winning.

• Guest Too: Please take a chill pill, or possibly see if you can pry “Merle’s or Willie’s” lips of the bong that they brought back from their recent trip to Washington State! I happen to know this is a riot as I am getting nearly daily emails from people all across this country, wanting to know how I came up with this cast of characters……I also personally know that Mz. Jack, her partner and Mr. Overhauser personally check this site daily along with their personal lap dog “Merle”.

  Now, would someone PLEASE Fleece me as these owner-operators have been Fleeced! The Dow was down nearly 300 points today, economists are predicting at least a 15% drop in market value by end of 2nd Quarter of 2013. Here, these FLEECED owner-operators got the following:

  For $500 cash invested, they got the opportunity to make HUGE dollars, even though Nydia Martinez put in nearly 1/2 effort, she got back over $25k in REAL dollars.

  For $6000.00 cas invested, they got the opportunity to make HUGE dollars, even though Lorenzo Rodriquez was out of the State more than in, put in ZERO effort for the last 1.5 Years as his sister and brother in-law, Faustina Negrote and Husband handled all of his accounts, he got back over $45k in REAL dollars.

  The list goes on, you can see my 1st post and get the gist. Now for the others, shame on them, for not following advice, for not following Policy and Procedures, for not taking advantage of the OPPORTUNITY Given!

  Now in the a.m. I will continue the total dismantling of the lawsuit posted on here previously and maybe throw in a couple of “BRO” reports, for the fun of it. Merle, got something special coming soon to a legal venue near you!

  Till the a.m……..

• Mr. Nasty Bag,
  How do you think the owner, “Kevin the drunk” would feel knowing that you talk about him and his family behind their back? That you talk about his drinking, his brothers drinking, his obnoxious negative verbal outbursts in you office? How would your wife feel if she knew you made suggestive lewd comments about waitresses in the restaurants you eat at every day? How would you daughter feel if she knew you may be a closet perv towards young girls her age? Do the franchises still deceived by you know that you label them as “beaners”, whose wetback families are their employees? I’ve seen you stoop to some nasty things here, and now you think you are some kind of internet sensation, by whom? How can you get emails from people who do not know who you are or your email address? You are a liar. You are nasty. You are rude. You are a bigot. If you really were the “star” you claim you are, you would use your real name (and weight, what 600lbs give or take a few cheeseburgers)? You got beat up a lot when you were a kid didn’t you, and now this is how you extract revenge, hacking at the people you rip off? You have become the bully now. Wow. You suck.

• Nasty Boy, aka “anonymous Rex/Indy, aka “Bob” aka Merle” Wow! And you still wonder why Office Pride fired you, don’t you? As the un-hinging of the “star witness” (his term) is just about complete and the fact that he is now facing a lawsuit for Breach of his employment contract, it is obvious to me that Merle really needs to pry Willie’s lips off that Bong and take a few deep breath’s!

  On a lighter note, Overhauser finally got his timing right, as you know we fell back an hour last Sunday, he is actually getting back into his routine and continues to make progress not wetting the bed too much….

  In regards to Nasty Boy’s comments, Yes, I do like women, that is how Mz. Jack and I are able to bond as we both have that in common! (Not that there is anything wrong with that at all!)

  Now back to the seriousness of dismantling of the case, obviously, it isn’t that difficult, as it has already begun and the “Star Witness” is confirming that Mz. Jack and Overhauser are feeling the heat as well.

  In regards to the supposed tying of hands for the owner-operators in meeting with/talking to customers. I refer my dear friends at the large Overhauser Law Firm to the following pages in the Training Manual that yes, all of your Plaintiffs got, signed for by the way, and that you have already gotten those sign off sheets in the 400 pages plus of documentation.

  Pg. 7, Chapter 6, Sub-section- 3 “Each month, all franchisees are REQUIRED to meet with the contact person at each account serviced to review performance issues or needs”.

  Continues: “at this time, a customer evaluation form filled out by the customer, signed by them and turned into office.”

  Pg. 11 Chapter 8, sub-section 8.5 “Call the customer at least once per month to make sure everything is on target”.

  Pg. 13 & 14 Chapter 9, sub-section 9.5 This whole area talks about business acceptance and/or denial and the processes.

  Pg. 15 & 16- Chapter 10, sub-section 10.1 till 10.8 This whole area talks about Account Acquisition Fee’s.

  Pg. 24- Chapter 13- This whole area talks about Account Guarantee’s and the processes.

  Now viewers, despite the lawsuit that was filed on the half-baked notion that supposidly these things happened in California and St. Louis and other locations MUST mean that it happened in Indiana, despite the fact that within two weeks of the filing of this lawsuit, willingly over 400 pages worth of documentation was turned over to Overhauser/Jack, despite the fact that depositions were given without issue, despite the fact that their “star witness to the end of the world” has been shown to be “un-hinged”, despite the fact “BRO” has uncovered numerous items directly associated with Overhauser and his lack of ethics, morals etc… the case continues……

  More “lighter moments” coming later today……..

• I appreciate all the attention, but, you’re barking up the wrong tree. Sorry, quirky comments, but not mine. I would not stoop to this kind of childish clatter. It is stupid.

• Viewers: As the unhinging of the “star witness” is bascially complete as he is attempting to get all of his personalities under control and back into at least one head, I have numerous reports that “BRO” has updated me on…….

  “BRO” has it on good facts that just as Tom Cruise channels L.Ron Hubbard, Overhauser is channeling Matlock? It is true, BRO reports that everytime he has seen Overhauser, he is in the same gray suit and basically same shirt (color). He wears Depends as Matlock did toward the end of the show and believes that his demeanor is similar. This explains alot!

  “BRO” also believes that Mz.Jack and Ruth Buzzy (please see Laugh In on google) are distant relatives, in fact BRO reports that Mz. Jack has the same frumpy brown suit as Ms. Buzzy and same general hairstyle.

  “BRO” saw Merle singing the night away and a terrible attempt at Dirty Dancing, only problem was Willie was having none of it, as they were both at different ends of the spectrum in regards to “High” one was coming down, the other was going up!

  Now back to the cause at hand….Let’s see, we have completely impeched literally all of the following Plaintiffs in some form or another, whether that be by actual documents already provided, whether that be in future affadavits or witnesses garnered: Nydia Martinez, Maria Mannriquez/Jose Matafasio, Lorenzo Rodriquez, Faustina Negrote, Uni-Cruz Rodriquez, Yolanda Alvarez, Victor Garcia….

  Now lets turn our attention to a few more “nuggets” of the dismantling of the case.

  Overhauser decided that since he cut/pasted the California and St. Louis lawsuits and assumed that same things were going on in Indiana, he wants to attack items in/out of the FDD. Let us remember, that we have called this a “flawed document” and with Overhausers problems, there are too many to list, but we will simply take a few.

  a) FDD is simply a Templete, meaning it is a copy of an original document filed by literally hundreds of Masters throughout the United States as it meets the requirements of the FTC and all of the Registration and Non-Registration states.

  b) Overhauser is wanting things placed in the FDD prior to before they actually happened. For instance, Overhauser wants the St. Louis and California lawsuits listed in the FDD in early 2011, when neither case happened in early 2011. Masters weren’t brought into the amended complaint in St. Louis (dismissed by the way) until mid-2012. California lawsuit wasn’t even filed until early 2012. Kind of impossible to put something in an FDD that has happened yet, and you are not required in the state of Indiana to amend an FDD until renewal date.

  c) Complains that Item 5 doesn’t have something in it, but flip the page, Item 7 has a full list of general costs including the “starter kit”.

  d) Complains that Shamrock doesn’t list a supposed financial relationship with NYCO in its FDD. Shamrock has/had no financial relationship with NYCO.

  e) Claims none of the Plaintiffs received FDD’s. Yet, each of them signed for an FDD and all of them got the FDD at time of presentation and all Plaintiffs had more than 14 days to review…. In fact many of them took month’s from the signing of the receipt for FDD/Presentation made till time actually becoming part of the Stratus Family as an owner-operator.

  Now, can someone please tell me, with all of the information available on the internet, with belonging to BBB, with the ability to call at least dozens of current owner-operators in the system, with the ability to take as much time as they wanted too AFTER a presentation, how is it reasonable for anyone to make an investment because of one simple document? Which according to Overhauser, that is the ONLY document that people have access to in order to make an investment decision……REALLY? I would like to see/hear how he plans on making that argument to anyone other than Merle and we all know Merle’s problem!

• Paul Overhauser: “JD cum laude, Indiana University, 1983, BS, Purdue University, BA, Purdue University

  Bar Admissions: North Carolina, 1983, Indiana, 1983, US Patent & Trademark Office, 1983

  Kathrine Jack: J.D. cum laude Indiana University Maurer School of Law, Bloomington, Indiana, B.A. Indiana University, Bloomington, Indiana

  Bar Memberships: State of Indiana (2007), Northern District Court of Indiana (2007), Southern District Court of Indiana (2007), State of New York (2009), State of New Jersey (2009)

  Shifty Windbag: [Please insert educational credentials here, Shifty] Ability to make lame incontinence jokes and cowardly slanderous statements hiding behind a fake name. Thinks he’s wonderfully witty and clever while everyone else is thinking: What a jerk. How could anyone make the mistake of doing business with this d-bag?

• Guest claims that because your pieces of paper on a wall are prettier than mine, that gives you some right to make slanderous remarks, tell lies, make false/illegal statements about others……REALLY?

  I don’t know, I served in the military for over three decades, I follwed rules/regulations and swore an oath to country, my superiors and to the constitution. It seems that is something that we have forgotten as a country is how our moral leadership has gone by the wayside.

  Now it seems to me that there are two sides (at least) to every story, seems to me that story should be told, now it also seems to me that the Plaintiffs Attorneys must have posted this lawsuit here, does that mean they are the only one’s that have rights to post? Just a question.

• Mr. Overhauser at least doesn’t hide behind a fake name. So how about it Super Large trash bag, are you coming out of the closet, or just continuing to spew trash and mindless innuendo? Be a man, a fat man. Show us all to be wrong, that you are a man. Not the pedophile you are thought to be. What are you afraid of? Readers get what you don’t. You are spewing on the INDIANAPOLIS STRATUS FRANCHISE blog here. Not St Louis, Not California. INDIANAPOLIS. So the challenge is thrown, come out of the closet, (both of them?) and own your absolutely astounding wit, your amazing writing style, your cute and wonderful quips of comedic prose. Has there been a writer as talented and creative as you since Samuel Clemens? My God, who in Stratus Indy is this writing machine? Please. Block the sun, and show yourself.

• Bill Falkner:

  So you are admitting to being the one posting as Hefty Bag?
  Anyone want to bet this military vet doesn’t post with the same cleverness and bravado with his own name? Are we supposed to be impressed that you’re a vet after reading your juvenile attempts to insult real professionals by accusing them of pot smoking and incontinence? As an actual combat veteran it makes me cringe to see such moronic behavior associated with alleged military service.

  For you to dismiss graduation from law school, passing the bar and years of legal experience as having “pretty pieces of paper” on the wall shows the level of your intellect. No wonder you need to fight your battle here instead of in court where you are hopelessly outmatched.

• @Guest: Yes, I am sure your real name is “guest” and that Yes, you are a combat veteran, and that everything you post is real and everything that I post is fake. Now, are you Happy?

  @ Nasty Boy: Yes, I am sure your real name is “nasty boy” and that Yes, you are simply dumb….

  @ Viewers: See how you turn a loss into a whine, I meant a whimper, I meant a win! All you have to do is get them going all over the place and fight them in their own arena. Problem with Overhauser/Jack are they are simply cowards! I don’t care what pieces of paper they have, what grades they got etc…They are cowards, plain and simple. Everyone knows that they posted the lawsuit on this site, which of course, is their right to do. It is a free society and the name of this site is unhappy franchisee.com Now, I will give some credit to the Administrator of this site, though he leans in the direction of the franchisees themselves, he does allow wit, humor and more importantly dissent.

  Now, whether or not, Stratus Indy is overmatched in court, is yet to be played out. Now, there is only one thing that is important here, the truth. Not my truth, not Overhauser/Jack’s truth, just the plain ole truth. Overhauser/Jack have done their Plaintiff’s a great dis-service, almost boarding on malpractice. (Yes, there is legal malpractice just as there is medical). By falsely making the accusations and multiple statements of fact (allegations) and claiming those statements (allegations) were made by the Plaintiffs themselves, they have opened their Plaintiffs open for either impeachment or perjury if they chose to lie under oath.

  You see, nearly all of the “allegations” were countered in the 400 plus pages of documentation turned over without court order. Now, they are having strong dissention in the ranks, they made promises (Overhauser/Jack) that they simply cannot keep. They are attempting to win a case, by technical default vs. the merits. Hence the label of “Cowards”.

  Now, they may or may not be posting on this site themselves, but they have already confirmed thru their multiple personality partner (Merle, Bob, anonymous Indy/Rex, truth be told,tell the truth etc.. etc…) that they view this site daily, that they feed him information and he has feed them information. Though his feeding them is going to cost him dearly in the near future in the cause of action about to be filed in regards to his employment contract.

  So, having said so much, let me leave you with this, Bill Falkner is real. That is his real name. Whether you apologize to him or not, is up to you.

  More information and dismantling of the case/cause of action in the a.m.! Unless “BRO” breaks in with need to know news!

• @ Guest too: Finally took the time to re-read your post, so are you stating that Plaintiffs and Plaintiffs attorney’s feel so bad about their position in this case/cause that they are now wanting to go all the way down to “small claims court”. Wow, first they want a class action to where they become the “Liz-Riordin” of the Midwest, then they want a multi-plaintiff court trial, now they want small claims? Wonder how that would make their Plaintiffs feel, let’s see, can guarantee you that NOTHING would change, truth in a District/Municipal Court, truth in a Class Action, truth in Small Claims is the same truth……

  @Nasty Boy: Who is Samuel Clemens, didn’t he invent Fried Chicken- Original Recipe of course!!!!!!

  @ Guest: Now I did accuse Overhauser of having a bladder control problem and being an ambulence chaser for sure, I however never accused him of being a pot smoker and I went to great lengths to insure that I had no proof that Mz. Jack nor her “partner” lit the bong that “Merle” was puffing on! Please make sure that if you are going to accuse me of something that is at least somewhat real….Also, how can I be a womanizer, pedophile, homosexual all at the same time?

  Please respond, I can hardly wait to read from such astute and well read individuals as yourselves. Jack/Overhauser could learn a thing or three from you!

• It’s a shame this is the level we as men have stooped to. This is more like a really BAD TV script for “Mean Girls”. I don’t know who all the players are in this little thread, but one thing is for sure, it has taken a tasteless direction.

  Is everyone here a child? I cannot believe some of the things written here. I can suspect who one or two might be, but really it doesn’t matter, everyone here has stooped to some crazy lows.

  Accusing of pedophilia, or pot smoker or feminist or slut, all of it is just trite. Whether Stratus wins this, or the franchises, it is just a lawsuit. It is not the end of anyones world. I would think we are all adults, you don’t have to like what is being thrown into the legal arena, or like how. But it is gonna be settled in court, not the court of public opinion.

  I know some of the people, have had my own head bump with a couple, and I can say without hesitation, that I hold no grudges or animosity… I was not happy with how a few things happened, and things that were said, but, I am over that . (Before this thread) I need to be able to bite my own tongue better.

  This whole “Jerry Springer” thread is absolutely unnecessary. I wouldn’t do business with anyone on here. I am not judging, I have said things in my life that I wish I could take back. I know I am just another flawed human who takes some things too personal and buys into the BS of someone who hits a baggage nerve I may have.

  I suggest everyone just grow up, and suck it up, and deal with it. There is no need for name calling, or insults. It is shameful. Enough said.

• I agree with Bob P. that the stupid juvenile crap from Hefty Bag Bill Falkner should stop. It’s kind of embarrassing, really.

  I disagree with the opinion that this doesn’t matter or that public opinion doesn’t matter. If you google “stratus lawsuits” this thread comes up at the top. So anyone doing due diligence on the stratus service or franchise will read this. So you’d be smarter to state your side of the story like an adult because people will judge you on it.

  So far, why would anyone work with Stratus, Stratus Indy, Bill Falkner or Sham-rock based on what’s posted here?

  As far as the claim that the plaintiffs attorneys probably provided the lawsuit to be posted here… Probably so. Pretty smart. They gave trash bag Bill Falkner and his crew a megaphone to reveal their true selves, and it wasn’t pretty.

• @ Guest and Bob.P (his real personality vs. anonymous Indy/Rex, Merle, Truth be Told, Tell the Truth) Let us all get together, sing some good old fashion camp fire songs and be filled with the joyous harmony that peace brings! Oh, wait a second, there happens to be just this little problem of Overhauser/Jack being cowards, spewing lies in a lawsuit, tarnishing the reputations of good men/women, cut/pasting a lawsuit out of two others, making false allegations that cannot pass the smell test, bottom feeding/amublance chasers that they are, who got into bed with a loon with multiple personalities, told lies to building managers/owners/property managers, caused harm to innocent owner-operators and have a failed and flawed case!

  In regards to what has been said here, GROW UP! If you cannot handle some meaningless insults hurled your way, by a bunch of anonymous posters, than dare I suggest you stay out of the blogosphere and don’t post crap lawsuits attempting to get public opinion behind your bogus case, lie filled lawsuit, malpractice generated crap…….

  This lawsuit is a sham, it was a sham from day one, remains a sham today. Plaintiffs have been impeached, cannot attend depositions as they will be put under oath, allegations have been proven false in writing, this case will never see the light of day in front of a jury. Overhauser/Jack are cowards, they know what they did, they know how this case was filed, they know what outrageous statements were made, they know the allegations were false and they know they did HARM………

  Now Guest wants to play all nice and warm/fuzzy by attempting to claim that I/Stratus Indy/Stratus Corp. do not have the right nor the obligation to defend itself in the court of public opinion and only in the court room. Well I got news for you, I don’t play that game, if its wrong, I state that its wrong and I offer verifiable proof that its wrong. You can blow smoke up Bob. P’s dress all you want, you can attempt to turn defending ones self into a shamful act all you want. Bottom line is, no one gets away with spewing crap anymore without it being countered. If you’ve done nothing wrong, don’t act like it. If you’ve done nothing wrong, don’t cower in the corner and give the sense that you have, if you’ve done nothing wrong, state the facts, the positions and tell the truth!

  Truth is on this case…..It is a SHAM! Plaintiffs are liars, Overhauser/Jack are cowards, Bob P. is a Joke…….

• @ Viewers: This is a perfect example of how a bunch of attorneys and a person with multiple personality disorder want to play a game in the blogosphere. As long as no one counters their lies, they are fine. As long as no one dare tells the truth or offer a differing opinion they are Kings. When someone dares stands up for themselves, calling a spade a spade, they want to demonize that person. They want to make them believe that they have less rights than others, they want them to cower in the corner and pray for forgiveness when they have done nothing wrong.

  Unfortunately for them, I know how this game is played…..Now let’s review the case at hand to catch up all of the Viewers and hopefully they can see through the smoke and mirrors that Guest and Bob P. are now attempting to place in front of them.

  a) Lawsuit was cut/pasted from a lawsuit in California and one filed in St. Louis
  b) Overhauser/Jack contacted all of the Plaintiffs via the phone, attempted to “sell” them on the false idea that they were going to become the next “stars” of the owner-operator/franchise world and/or the next Wal-Mart “slip and fall victim”!
  c) They made unfounded and false allegations against a company, its owners, its managers and attempted to cloak it in the supposed facts that they manufactured for public viewing.
  d) They attempted to “ram rod” this bogus/sham of a lawsuit thru the court system never wanting a trial, simply a technical default/default judgement.
  e) They attempted to cause additional harm by having Plaintiffs contact customers, other owner-operators and spew additional lies/crap that no one bought.
  f) They (Overhauser/Jack) made additional calls, made additional allegations, contacted friends and people sympathetic to a case such as this and had additional postings made on the internet.
  g) They used people such as OG to harm innocent owner-operators and make outlandish and false statements to business owners/managers.
  h) They used people such as “Bob, Merle, Truth be told, Lets tell the truth, anonymous Rex/Indy (all one person)” to spew additional lies/crap/make false statements, violate employment contracts and pumped their heads full of dellusions of grandeur as they were supposidly fighting a righteous battle against and evil entity.
  i) They made false allegations not in the exact words of the Plaintiffs, but of Overhauser/Jack’s words. These allegations were proven false and now the Plaintiffs cannot attend a simple deposition as they will be put under oath and forced to perjur themselves.
  j) They continue to spew crap both in the court of public opinion and in the court system in general. They feel so little for their case (as they should) that they are now hinting that they are going to take it to small claims court where the burden of proof in their mind is far less.
  k) They are liars, cowards, bottom feeding, scum sucking, ambulance chasing attorneys who now ask for understanding through their MPD surrogate Bob P. and dear old Guest, whom I believe is an attorney himself.

  Now, Defendents know they are going to win, in this case, it does matter how it is won…….This is exactly how Stratus Corp. should have fought and defended itself not just in the court of public opinion, but with its own Masters. Apologize when/where applicable and fight like hell the rest of the time!

• Hefty, you give me so much attention. Why is that I scare you so much? Why do you feel the need to discredit and accuse me here? You have put words here in my mouth that aren’t mine. I do not speak for the attorney on any side. I do however have a mind that has made my own decision on how I would look at this. I base it on my personal experience. Throw whatever stones you want. Act as childish as you want. Make as many threats as you want., The only time I think about this is when I read this. I have a life other than this to spend time on. If this makes you feel better, go ahead.

• Hefty Trash Mouth ran out of Ritalin, eh?

• His silence will come as no surprise, as bullies are cowards whose macho bravado disappears as soon as their victims stand up for themselves and start to fight back.

  This is a great time in America for Truth and a bad time for bullies, bigots and misogynists like Bill Falkner aka Hefty Bag, Stratus Indy aka SHAMrock Building Services and the scammers of Stratus Franchising. It’s funny how these right wingers who exploit and demean hardworking Hispanics, who attack others on the basis of sexual orientation, who treat women as second class citizens and who make age discrimination jokes haven’t gotten the memo: Their time is done.
  The jokes on them.
  They are not the true Americans they claim to be.
  Los Estados Unidos are not under their rule as they think.

  Even as the country kicked their candidates’ ass far and wide and made fools of all of them (and their pathetic claim that the election was going to be “too close to call.” In their dreams!), they still do not get it, do they? Their time is up.

  Bill Falkner aka Hefty Bag thinks he’s funny exploiting and demeaning Hispanics with lines like these:
  “What is your current legal status?”
  “Last time I looked, we were still in the USA!”
  “Wonder what they will have to say when it comes to legal residence questions, legal status/standing questions”
  “…as scared as a bunch of illegals at a TEA Party rally!”

  But the joke’s on him. He IS the joke.

  He thinks it’s an insult to call someone a lesbian:
  “Ms. Jack’s “partner” who is a woman and bi-lingual (speaks Spanish)”
  “Though Jack technically isn’t a man, she does play one from time to time…”
  “Yes, I do like women, that is how Mz. Jack and I are able to bond as we both have that in common!”

  The rest of us (adults) don’t know or care about her orientation – just that she has three times the education and 3x the social standing Hefty Windbag will ever have. And Ms. Jacks has the guts to stand up to the bullies and cheaters and hold them accountable. That’s real Patriotism. Thank you Ms. Jacks.

  Bill Falkner aka Hefty Bag thinks he’s clever directing incontinence jokes at a man who is a distance runner, triathlete and owner of a successful and respected law firm:
  “After putting on a clean/new (hopefully) pair of Depends, he decided to hit the Montana Mike’s Early Bird Special,”
  ““I did accuse Overhauser of having a bladder control problem and being an ambulence chaser for sure”
  Really? Who do you think is the jerk here? Who is the joke?

  These guys just don’t get it… the game is up. Despite the fact that those who pitched the Stratus franchise will continue to be exposed as petty thieves and scam artists, Bill Falkner aka Hefty Bag keeps slinging the pitch as if we don’t know ponzi schemers when we see them:
  “For $500 cash invested, they got the opportunity to make HUGE dollars,”
  “For $6000.00 cash invested, they got the opportunity to make HUGE dollars”

  Heck, Bill Falkner aka Hefty Bag, why not insult cleaning workers and the developmentally disadvantaged all at once? And indict the US public school system by showing how they failed to teach you pronoun agreement and other grammatical basics:
  ““YOU are the one that caused an owner-operator to lose one contract and quite frankly cause one of your “gifted” or “project” adults to lose their Day Porter job.”

  I don’t know if Hefty Bag is really named Bill Falkner as he claims. There is a Bill Falkner on Linked-In who worked for Stratus Indy:
  http://www.linkedin.com/pub/william-falkner/1b/568/599

  If this is Hefty Bag as he claims, he has a high school diploma, an “associate” degree, a current job title of “Housekeeping Manager,” and 6 jobs on his high-turnover resume that he could not even keep for a full year. Not exactly the kind of guy I’d put ahead of those who put themselves through law school, passed the bar exam and now work for a respected law practice that is exposing the sleazy exploitive business practices of Stratus Building Solutions.

  IMHO, Stratus and SHAMrock are going down, and the bullies, bigots and woman-haters are being exposed. Good job building that revolving door door resume with those embarrassing – and revealing – names on it.

• @Bob P. So as you attempt/fail to again change your name and run from the things you stated as anonymous rex/indy, truth be told, tell the truth etc….I wonder if this “change of heart” has anything to do with the fact that finally Jack/Overhauser informed you that there is NO WAY that they can represent you in the coming lawsuit for your Breach of Employment Contract?

  Now to the viewers, we have dismantled their case in the court of public opinion. We have answered all allegations with truth, facts/figures, deposition statements (under oath, by the way) and over 400 pages of documentation to the court and to Overhauser/Jack.

  We have removed the obstacles that they attempted to throw at us/the court and have a clean/clear path to a jury trial. Their problems have just begun. They know they have issues as they are wanting to take this case down to small claims thereby attempting to eliminate the need for Plaintiffs to Perjur themselves, they are attempting each/every way possible to make “new contacts” and those are being re-buffed by the very people they are telling lies too.

  One final outlandish statement that was made in the bogus lawsuit was “cannot find a single franchisee that has made their investment back”. REALLY? Let’s just take a look at Plaintiffs, then lets look at the “list of owner-operators” in the FDD that they have…..Faustina Negrote, Uni-Cruz Rodriquez, Lorenzo Rodriquez, Nydia Martinez, Elsa de la Cruz, Maria Mannriquez/Jose Matafasio, without any question made their investment back and then some…..Even Victor Garcia/Laura Andalon and Jose Leaon/Yolanda Alvarez got more revenue than the actual down payment put down.

  Now I’m not going to list all of the other owner-operators in the FDD, too long, but lets be honest, if they hadn’t with the sales/lie job that was told to the original plaintiffs don’t you think the 29 others would have claimed something? They did not, have not, will not, join this non-sense of a lawsuit.

  Overhauser/Jack will not make/cannot make Plaintiffs available for Deposition, Overhauser/Jack will not/cannot have Plaintiffs take the stand and swear an oath
  Overhauser/Jack will not/cannot have this case go to Jury Trial
  Overhauser/Jack will attempt to sell Plaintiffs on additional lies in order to attempt to get this down to Small Claims Court or they will simply state that they cannot continue to foot the bill and ask for withdrawl from the case/court.
  Overhauser/Jack will simply fade into the darkness by which they came and attempt to put this behind them.

  Mark my words, this will happen much sooner vs. later…….

• @ Guest: Awe, it is so nice of you to defend or at least attempt to defend Overhauser/Jack. I think its nice when someone comes to the defense of the un-defensable. Now, I made a perdiction that I truly believe will hold true on a post that I was doing around the same time as yours. I’ll drive to St. Louis and buy you an ice-tea at your favorite gas station and I’ll even sit in your 250k mile Mercedes and drink it with you if I’m wrong. Seems like a reasonable bet to me, but if/when you lose, you have to come to Indy, by me a HUGE Meal at Ruth’s Chris, a few Gin/Tonics and we will call it even!

  Now the difference between “Guest” and Overhauser/Jack is at least he has passion, believes what he is doing is for the right reasons, runs into walls at 100 mph or greater for his clients, his clients came to him.

  Overhauser/Jack simply are in it becasue they thought it was a quick “settlement”, they got into it because they saw different “law postings”, they got into it because the promised/lied about what they could deliver, they got into it in order to “grind it out” and attempt to get technical default/summary judgement, they got into it for all the wrong reasons, their reason was based on lies and attempt to manufacture something that simply wasn’t there, they attempted to play this out in the court of public opinion and attempted to “grind” the court system and Defendents to a technical judgement/default. They built their case on other posted cases, they built their case on lies and false allegations, they built their case on impeachable statements and they knew they couldn’t allow this case to go to a Jury Trial.

  Big Difference between the two……Now, that doesn’t mean that I believe Fortman/Guest are right in his accusations of Simpatico/Stratus Franchising, I’m just saying at least his case isn’t crippled because of the lies told by him, his mishandling and reasonable malpractice of the case, unlike what is/has happened to Overhauser/Jack.

  Guest, take the bet, I think it is fair!

• So if I win, I drink Iced tea with you.
  If I lose, I eat dinner with you.
  So no matter what happens, I lose.
  And you call that fair.
  Funny, that’s just like the Stratus franchise opportunities you sold.
  Franchisees had a 100% failure rate, and you call it fair.

  At least Hefty Bag aka Bill Falkner is consistently psychopathic.

  It takes a special kind of pathology to make such a claim with a straight face: that SHAMrock Building Services and Stratus Franchising are the poor innocent victims of greedy franchisees who made megabucks off their Stratus franchises and who are now trying to extort more mega-bucks from poor Stratus with a frivolous lawsuit akin to a Wal-Mart slip-and-fall personal injury suit.

  In fact, these materialistic opportunists never even would have thought to sue or even complain had not Kathrine Jack’s Spanish speaking representative called them up and planted the idea that everyone will get even more wealthy that SCAM-rock & company made them in the first place with their lucrative cleaning contracts.

  Greedy franchise sales scammers are innocent victms. Right. And Romney won the election, hands down!