Motion-Secondary: BACKEST, RICHARD S vs. MENDIAS & MILTON LLC

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                                CAUSE NO. 2015             26142

                  RICHARD S. BACKEST,                                                IN THE DISTRICT COURT OF

                           Plaintiff,



                  MY FIT FOODS USA, LLC f/k/a                                           HARRIS COUNTY, TEXAS
                  MENDIAS & MILTON, LLC; MFF
                  LEGACY HOLDINGS, LLC; MY FIT
                  HOLDINGS, LLC; TSG CONSUMER
                  PARTNERS, LLC; TSG5 AIV I L.P.;
                  ANTHONY MILTON, Individually;
                  and MARIO MENDIAS, Individually,

                           Defendants.                                                 55TH JUDICIAL DISTRICT


                                                                      ORDER


                           Before     the   Court     is  Defendants        MFF      Legacy     Holdings,       LLC     and    Mario

                  Mendias motion for summary judgment as to Plaintiff Richard S. Backest’s cause of

                  action    for  breach     of  contract        MFF     Legacy     Holdings,      LLC     Company       Agreement

                  (the    “Motion”).        Having      considered       the    Motion,      the    parties’    arguments         and

                  objections, and all       evidence     properly before       the Court, the Court concludes that the

                  Motion shall be GRANTED in its entirety.

                           Accordingly,      it  is hereby     ORDERED           that   the  cause    of  action   for  “Breach      of

                  Contract       MFF Legacy Holdings, LLC Company Agreement” of section 12.3 against

                  Defendants       MFF     Legacy     Holdings,     LLC    and    Mario    Mendias      alleged    in  paragraphs

                          5.1   , and   5.15      Plaintiff’s    Fourth    Amended        Petition        hereby     DISMISSED

                  with    prejudiceFurther            , it  is  hereby     ORDERED            that   the    cause    of  action    for




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                  “Breach     of  Contract       MFF     Legacy     Holdings,     LLC     Company       Agreement”       of  section

                  5.1  against     Defendants       MFF     Legacy     Holdings,     LLC    and    Mario    Mendias      alleged    in

                  paragraphs       5.11,   5.14,   and    5.15   of  Plaintiff’s    Fourth     Amended       Petition         hereby

                  DISMISSED with prejudice

                           In   sum,    Defendants’       Motion      for    ummary        udgment       is  GRANTED            in  its

                  entirety.

                           SO ORDERED.

                           Signed on the _______ day of ______________________, 2016.




                                                                        THE HONORABLE JEFF SHADWICK




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