Complaint Review: Clayton Management Group LLC - Internet Internet

SUMMARY: Matt Clayton and Boyd Clayton, ClayshawCapital LLC, Clayton Management LLC, Taylor Management LLC, et al.  (Defendants)  have defrauded JaRee Miller and John Bowers and Direct Management LLC (Henceforth, Victims) out of over $79,000.00 in investment monies, personal property, Inventory and obligations using a Lease Agreement that Boyd and Matt Clayton did not have the authority or the right to draft, submit or present to the victims and is now causing financial loss, distress, and damage to victims reputations.  The defendants illegal activities are also affecting over 10 separate families (employees of Direct Management) with job loss, distress and humiliation.

Narrative:

On January 14^th, Victims began discussions with Boyd and Matt Clayton, in person, regarding the management and/or leasing of the Heber Dairy Queen store #19440 and all property and equipment therein.  

Sunday, January 17^th, 2010, victims and defendants completed a Walk-Thru the Heber Dairy Queen (henceforth, HDQ) and assessed the business, layout and began formulating victims plan to rejuvenate it and bring it back in line and surpass other Dairy Queen franchises performance. 

On February 6, 2010, Matt Clayton drafted a Lease Agreement and sent it via victims email (((REDACTED((( gmail.com)

On February 15^th, Matt Clayton notified the victims, Until we have this lease, if there is going to be a lease, finalized we are holding off on any Payson Dairy Queen training and there is no reason to have you attend the DQ meetings.  The victims were in the midst of training at Taylor, Show Low and possibly Payson franchises.

On February 16^th, 2010 the victims reviewed and resubmitted the Lease Agreement with their own revisions.

On February 17^th, Matt Clayton sent a scathing letter to the victims.  Victims reviewed it and sent back an acceptable lease more in line with our commitments. They were insulted and victims were called to the Claytons home for a lengthy discussion. 

February 26^th, the Lease Agreement was signed by J. Boyd Clayton, JaRee Miller and John Bowers, dated for March 1^st

February 26^th, all credit card payments from the DQs previous Lessee, David Miller (No relation to the victims, but is related to the Claytons by marriage)

March 1, 2010, the victims took possession of the HDQ, all equipment and property.

March 5^th, the victims were contacted by the original owner and builder of HDQ, Roger Owens and were given a copy of a page from his Security Agreement.  The document states specifically that J.Boyd Clayton cannot sublet (lease) the DQ to anyone without written permission from Roger Owens.  Mr. Owens has not and will not give consent to any lease due to agreements with his financier: GE Capital.

March 15^th,  victims were notified that the previous indefinite permission to use a US FOODS vendor account had been rescinded by Matt Clayton.

March 16^th, Matt Clayton notified victims that, it is imperative that we have the signature on the lot ASAP.  Meaning, they were demanding that a parcel of land that the victims offered in good faith would need to be signed over. 

March 29^th, under the advice of counsel, Stephen C. Bergsten,  the victims sent a letter to Owens and Clayton asking for their resolution to the conflict

March 29th, Victims found that the locks had been changed on an office that was shared by the Defendants.  The act prohibited the victims from getting the necessary figures to meet their obligations of the Lease Agreement.

March 30^th, Boyd Clayton aggressively approached the victims and demanded, sign this, fax it to your attorney or you will be in default

March 31st, Victims counsel contacted Kevin Morris, Counsel for the Defendants, and it was resolved that the victims would do whatever steps necessary to resolve the conflict(s).

Thursday, April 1^st, Defendants were cited for Disorderly Conduct by the Navajo County Sheriffs Office for entering the Heber Dairy Queen, confronting the victims, threatening and intimidating them to sign the Management Services Agreement.

Friday, April 2^nd, Victims secured an Injunction Against Workplace Harassment in Snowflake Justice Court, Judge Peterson.

April 8, victims discovered they no longer had proper permissions to access the IDQ hub website that is crucial to the functioning of the HDQ.  The victims were attempting to get the figures and information to pay the royalties owed for March based off of their gross revenues.

On Friday, April 9^th, Judge Peterson heard the initial case and parties agreed to disagree, but get along and resolve differences.  Judge Peterson dismissed the case citing that he had no jurisdiction over the matters presented; he was there to keep the peace.

As discussed with Judge Peterson a check in the amount of $452.69 to pay for our costs of NuCo2 equipment rental, water bill, Sams Club restroom supplies, telephone bill, building insurance, and misc. restroom supplies was issued.  This is pursuant to Line Item #26 of our Lease Agreement and within the realm of satisfying any Default you may have issued us.

Victims drafted checks for Mr. Clayton to pay for various complaints of bills owed.  Checks are in the HDQ in the locked office, along with over $17,900.00 cash, coin, personal computer, (3) printers, HP 1600, DELL 1700, and hp 3600, various hand tools, Bunn coffee maker, Townecraft pans and skillet, Cisco Wireless Network routers, Linksys router, iOmega external hard drive, Pressure Washer

Saturday, April 10, Defendants were not on site. Victims discovered their POSItouch computer system would not process credit cards. Two employees of Chevron notified victims that J. Boyd Clayton was laughing about shutting the computer system down the night before.  He then sent other Chevron employees over to see if our computer was working; they werent.

Victims contacted POSPartners, Todd Price and Craig Roths and faxed them the Lease Agreement giving the victims (Direct Management) full authority over the computer system.  Victims then secured the software on their own computer in the office of the HDQ to run the registers through the main PosiTouch corporate.

Sunday, April 11, Defendants were not on site. Victims turned away over 20% of credit card customers because the slipstream modems, hardware and software is in the shared office and shut down by J. Boyd Clayton.  

Victims handed a sealed envelope to Christine (last name?) a clerk at the Chevron containing the checks as she stated, Boyd said he was coming in.

She returned at closing time (10pm) and stated, Im really afraid to give this to him.  He said we cant have anything to do with you guysI dont want to get fired.

Monday, April 12, again, Victims turned away over 20% of credit card customers because the slipstream modems, hardware and software is in the shared office and shut down by J. Boyd Clayton.

Tuesday, April 13, Victims were locked out of the premises by the defendants.  Victims were served with an Injunction against Harassment out of the Show Low Justice Court at the same time, citing the same language used in the previously dismissed Injunction.

Wednesday, April 14th,  Victims have sought relief in Superior Court, Judge Lamb, from the onslaught of workplace harassment, lockouts, interruption of commerce and a continual attack on the victims by the defendants that is causing them to default on their written Lease Agreement.  

Thursday, April 15, 2010, Victims were served with a letter terminating the Lease.

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