Tuesday, August 28, 2007

TEAM: Judge Issues Clarification on Quixtar's Victory

Original Source

Judge Issues Clarification After Ex-Distributors
Represented by Shughart, Thomson & Kilroy Question
Quixtar’s Interpretation of Friday’s Injunction

Updated Scorecard of Lawsuit Victories:
Distributors 12, Quixtar 3


LOS ANGELES--(BUSINESS WIRE)--The group of top ex-Quixtar, Inc. distributors announced that the Grand Rapids, Mich., judge today issued an amended order of his Temporary Restraining Order (TRO) ruling last Friday. In response to the group’s request for a clarification of the order, the judge ruled that the injunction issued Friday does not preclude the holding of any Team leadership, educational and motivational meetings.

The group had sought the clarification in response to Quixtar’s email notification to approximately 75,000 Independent Business Owners (IBOs) who participate in Team meetings. In the email, Quixtar informed the IBOs that they would be in violation of a court order if they continued their Team participation. Team (Together Everyone Achieves More) is a leadership, educational and motivational organization owned primarily by Orrin Woodward and Chris Brady, two of the plaintiffs in the California federal suit.

D.J. Poyfair, attorney for Denver-based Shughart, Thomson & Kilroy, the firm representing the former distributors in the original federal lawsuit, noted that the ex-distributors to date have prevailed in 12 of 15 matters where court rulings have been made.

“Though Quixtar has a 3-12 litigation record, it continues to boast loudly in release after release that it has crushed its opponent—if a football coach claimed having a successful season after winning only 3 of 15 games he would be laughed out of town,” said Mr. Poyfair. “It is only within the wacky world of Quixtar’s spin machine that it can claim a winning record in the face of facts that clearly state otherwise.”

About Woodward et al. v. Quixtar, Inc.

On August 9, 2007, a group including eight of the largest Quixtar distributors filed a lawsuit seeking to enjoin Quixtar from enforcing its distributor contracts, including the non-competition and non-solicitation provisions. The plaintiffs allege that the company knowingly operates as a pyramid scheme and prevents its distributors from leaving the organization through the aforementioned provisions. On August 10, 2007, the group sought a preliminary and permanent injunction restraining Quixtar from enforcing or attempting to enforce the non-competition and non-solicitation provisions. More information regarding Woodward v. Quixtar, including relevant court documents, is available at www.FreeTheIBO.com.

5 comments:

Anonymous said...

Thanks for the update! Your right, a 3 and 12 record is really bad! I hope they realize soon that their prices are too high. maybe Mr. DeVos will step up to the plate and be the hero. I think he should take a good look at how the legal department and Jim Payne have been running things. Not to good if he is thinking about running for office ever again.

pbrite said...

hey, tom. I'm the guy who was printing quixtar articles on associated content. Just wanted to let you know that personally I'm not a fan of the quixtar system. As far as reporting the news goes, though, I can't use other news media sources to print my articles. I can only use press releases or statements made on specific websites. I'm sure that team-biz has press releases on them for members, but I'm in no way an IBO so I don't think I can register to read them. All I get is the front page with no statements. Quixtar releases one every other day, so I can BASE my articles on their press releases but I can add background information to support it. Do you know if Chris De Witt or the TEAM reps have a website with press releases? Please let me know via pbrite@hotmail.com or leave me comments on brightwrites.blogspot.com. Thanks!

Anonymous said...

Wow, it is an amazing twist that the only judge in the USA who bought it, was the one in DeVos’s back yard.

Anonymous said...

Hmmm... quite an uproar when it was reported that Q owned the LOS but now this report...
"Team is a leadership, educational and motivational organization owned primarily by Orrin Woodward and Chris Brady"
It's true, anyone can say anything. The internet is indeed the new bathroom wall of the new generation.

Anonymous said...

When you state a score, you should do it properly: i.e. the score is 3 final judgements, vs 12 *temporary* judgements.

The Temporary judgements are there to keep the status quo, until such time a judge has had time to look at the full picture, and make a final ruling.

So it is actually more like 3-0 ahead, with 12 games remaining!!!