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DNB FITNESS, LLC v. ANYTIME FITNESS, LLC

Case No. 11-cv-4892.

DNB FITNESS, LLC, DT FITNESS, INC., J.H.F. ENTERPRISES, LLC. JWS FITNESS, LLC, KARE4 FITNESS, LLC, KLEAR FIT, LLC I, KODY ENTERPRISES OF MINNESOTA, INC., NEW AGE FITNESS, INC., VIRES, LLC, PKN INC., SHOCKLEY FITNESS, LLC, SOUTHWEST FITNESS, LLC, TED A. TOLLESON, WPD ENTERPRISES, LLC. Plaintiffs, v. ANYTIME FITNESS, LLC Defendant.

United States District Court, N.D. Illinois, Eastern Division.

May 30, 2012.

Attorney(s) appearing for the Case

DNB Fitness, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

DT Fitness Inc., Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

J.H.F Enterprises, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Kare4 Fitness, LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Klear Fit, LLC I, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Kody Enterprises of Minnesota, LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Mountain Laurel Ent., LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

New Age Fitness Inc., Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Vires, LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

PKN, Inc., Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Southeast Fitness, LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

WPD Enterprises, LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

JWS Fitness, LLC, Plaintiff, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Anytime Fitness, LLC, Defendant, represented by Cynthia Marie Klaus , Larkin Hoffman Daly & Lindgren Ltd, Pro Hac Vice, James Michel Susag , Larkin Hoffman Daly & Lindgren Ltd., Pro Hac Vice, Norman Mitchell Leon , DLA Piper US LLP IL & Susan E Tegt , Larkin Hoffman Daly & Lindgren Ltd., Pro Hac Vice.

Anytime Fitness, LLC, Counter Claimant, represented by Cynthia Marie Klaus , Larkin Hoffman Daly & Lindgren Ltd, James Michel Susag , Larkin Hoffman Daly & Lindgren Ltd., Norman Mitchell Leon , DLA Piper US LLP IL & Susan E Tegt , Larkin Hoffman Daly & Lindgren Ltd..

DNB Fitness, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

DT Fitness Inc., Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

J.H.F Enterprises, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

JWS Fitness, LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Kare4 Fitness, LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Klear Fit, LLC I, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Kody Enterprises of Minnesota, LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Mountain Laurel Ent., LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

New Age Fitness Inc., Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

PKN, Inc., Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Southeast Fitness, LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

Vires, LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

WPD Enterprises, LLC, Counter Defendant, represented by Kevin P. O'Flaherty , O'Flaherty Law, P.C..

MEMORANDUM OPINION

SHARON JOHNSON COLEMAN, District Judge.

Defendant, Anytime Fitness, LLC, ("Anytime"), brings forth this matter alleging breach of contract and a violation of the Clayton Act. Plaintiffs, Anytime Franchisees, ("Franchisees"), object to Anytime's motion. For the following reasons, Anytime's motion is granted in part and denied in part.

BACKGROUND

Plaintiffs are each individual...

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