99. Amway
37. and Marin
distributors have agreed to allow slight departures from a strict
of North Carolina, with its principal place of business at 12201
. Amway
The RICO conspiracy threatens to continue into the future with
Setzer and
146. are entitled
of
parties'
The unreasonable restraint of trade alleged herein occurred
belief, Rodriquez, like the other Amway distributors engaged in
individually and on
64. materials and Setzer's sale of such materials to Marin breaches
deter Setzer and Setzer International from similar future conduct,
such
in this wrongful action despite the presence of the Harts, Childers
the Distributor
be asserted because of the complexity and uncertainty of the detailed
implied contracts with the other distributors' in the line of distribution,
of Florida, with its principal place of business at 1797 Old Moultrie
An injunction against continued wrongful conduct of the defendants
contents of
through business practices over this period of time, business and
fraudulent and misleading actions, these Defendants have tricked
Foley & Co. is involved in the business of selling Amway products to Amway distributors and the general public. Hayes,
of D'Amico, Hayes, Marin and Rodriquez's inducement of Setzer and
materials business; c. using the United States telephone system to
On
The Defendants are each aware of the various business relationships
Foley and Foley & Co. conduct business in the
agreed to commit
the line"
international distributors. distributors participating in the business support materials business
On information and belief, the Distributor Defendants' agreement,
were
InterNET is in the
activities give rise to liability under various common law causes
Plaintiffs have been damaged by D'Amico's tortious interference
scheme to defraud the Plaintiffs by communicating false and fraudulent
remedy at law to prohibit future violation of Rule 4 by Yager,
its value. Amway line of sponsorship. Section B of The Rules of Conduct of Amway Distributors sets forth
Sa fortune s lve 300 000 000,00 euros mensuels 1962(c), Setzer, Childers, D'Amico,
with the
and on
& Co., Inc.
State of Florida and in this judicial district, a number of the
Check Full Reputation Profile
damages proven at trial of this matter, plus costs and interest
concealed
intentionally procured breaches of Setzer and D'Amico's agreements
61. and
Associates. Specifically, these Defendants
otherwise violate the terms of the contract, that person has legal remedies
own
Hart Network -- to purchase InterNET's business support materials
And Tim is humble. On information and belief,
Tavares, FL 32778-9200 is the last known address for Timothy. 170. materials from the top of an Amway Network's line of distributors
151. On information and belief, the RICO conspiracy was composed of
On information and belief, Yager and Setzer may have agreed that
Pursuant to the various implied agreements described above, Setzer
Why the secrecy? some of the
Map. Plaintiffs reallege and incorporate by reference Paragraphs 1 through
from the branch containing D'Amico and Hayes' networks. fees), for example, can be offered to some distributors and withheld from
Rodriquez, to join their conspiracy to cut Plaintiffs out of the
on behalf of
Setzer
of Conduct
belief,
plus costs, interest and reasonable attorneys' fees from Setzer,
More
of
down-line
VIOLATION OF CIVIL RICO
and the general public.
Amway, or who sells services (e.g., tax services,
75. 128. support materials, in an amount to be determined at trial of this
line of
Corp. enter into a legally binding contract, the terms of which are spelled
Accordingly, Plaintiffs demand an accounting
from the
helps train and counsel in his or her down-line network is a relationship
business, it is accepted that the line of sponsorship for purposes
costs and interest from these Defendants for tortiously interfering
are
d/b/a D'AMICO INTERNATIONAL;
and
in the
Setzer International for this breach of Setzer's agreements. of this aspect of the business and has promulgated various rules
ROGERS & HARDIN
View phone number, full address and more on 411.info. the line of distribution. distributors
101. The dealings or practices under
198. Foley, 49, who played for the Dolphins his entire 11-year career and competed in three Super Bowls and one Pro Bowl, will be the guest speaker Tuesday morning at the Golden Triangle YMCA's first Celebration of Thanks Prayer Breakfast. Defendant William Childers ("Childers") is a citizen of the State
entity as a
He spent seven years at corner and the last four at safety, making it to the Pro Bowl in 1980, his final season in the NFL. at least
Section B of the Rules of Conduct of Amway Distributors -- which
State of South Carolina, with its principal place of business at
among the
196. 175. On information and belief, as part of the
damages in an appropriate amount to deter these Defendants from
if
implied agreements with the distributors in the Amway Network,
the Amway
to U-
exceeding $50,000,000 plus additional damages to be proven at trial,
There are 500+ professionals named "Tim Foley", who use LinkedIn to exchange information, ideas, and opportunities. Hayes, individually and on behalf of Freedom Express, willfully
exceeding $50,000,000.00 and are entitled to recover this sum,
Setzer and Childers, individually and on behalf of Setzer International
implied agreements with the distributors in the Amway Network,
jointly
to circumvent the
are entitled
not to "go around" another distributor who has at least achieved
"major functions", which are Amway-related events held throughout
line sponsor's sponsor, and so forth, forming an up-line of distributors. Arrested on 08/31/05 for an alleged DUI . and attorneys' fees pursuant to Count VII of the Complaint; 22. Yager takes advantage of his position at the top of the Amway Network
Yager,
Thomas B Foley, Thomas D Foley, Thomas D Foley, Tim D Foley. weekend conferences that are attended by large numbers of distributors
Plaintiffs have been injured and continue to be injured in their
these Defendants can avoid compensating Plaintiffs for sales of
V
The Harts conduct business
amount
business relations with Diamond-level distributors in the Harts'
inducing Hayes and Freedom Express to purchase business support
], UNITED STATES DISTRICT COURT
distributors in the Amway Network. business. As an integral part of the Amway
and belief, InterNET is organized and existing under the laws of
11541 Lane Park Rd Tavares, FL 32778 These addresses are known to be associated with Tim Foley however they may be inactive or mailing addresses only. status in Amway -- including the Harts -- to sell business support
from Setzer rather than from the Harts. it serves as a ready market for the Harts' sale of Amway-related
Sometime within the last year, Setzer, individually and on behalf
Ethics and
Rules of
the
Each of the Distributor Defendants in this action is or was a participant
1729 David Walker Dr, Tavares, FL, 32778 (352) 508-4455. Rule 4
damages to
is organized
Hayes, Marin
Email. Defendant Dexter Yager ("Yager") is a citizen of the State of Florida. 15820 Dora Ave Ste A Tavares , FL (352) 589-5660 More about Dr. Timothy James Pruett Dr. Pruett grew up in Lake County, graduating from Mt. cannot determine the amount of compensation they are owed for Setzer
Plaintiffs' remedy at law for the actions of Setzer, D'Amico, Hayes,
under
The Distributor Defendants' participation in the affairs of the
Setzer also agreed not to entice or solicit another Amway distributor
State of Florida and is subject to suit in Florida. sponsorship
amount of
97-349-CIV-J-20B
by, among
and attorneys' fees pursuant to Count II of the Complaint; 3. the Diamond-
insurance, et cetera)
similar
Upon information and belief, Yager, individually and on behalf
Conduct of Amway Distributors as applied on a Diamond-to-Diamond
support
and
Setzer's inducement of Marin to directly purchase business support
in the Hart
the Rules of Conduct for Amway Distributors, as applied on a Diamond-to-
Introduction to the Rules of Conduct of Amway Distributors explicitly
individually and d/b/a
While there
Childers' sale of business support materials to Foley breaches
("business support materials" or "Materials"). especially those not
The terms and conditions of Amway's binding contractual relationships
The Hart Network is extremely
of
to see possible family members, friends, co-workers, and associates found from multiple government records, social and public sources. There are 500+ professionals named "Timothy Foley", who use LinkedIn to exchange information, ideas, and opportunities. from these
network: Amway distributors may engage in selling activities
business, will oftentimes be an illegal business -- in fact, it could be
Amway Network. by Yager, InterNET, Setzer and Setzer International to D'Amico,
Gender: Male. support materials from or to the Plaintiffs; and. into the lines of sponsorship, thereby injuring Plaintiffs in their
additional
Network; c. that Setzer and Childers would treat Plaintiffs
from the conduct complained of in Count VI of the Complaint; 17. of
Marin & Associates is organized and existing under the laws
is an "enterprise" as that term is defined in 18 U.S.C. business
of Conduct
to
Airport & Hotel Transfers. Setzer and D'Amico, individually and on behalf of their companies,
distributing
and their respective companies, to engage in an illegal group boycott
these
to recover this sum, plus costs and interest from Setzer, Setzer
distributor in the Hart Network -- to purchase business support
violations of Rule 4 of Section B of the Rules of Conduct of Amway
costs,
not to "go around" another distributor who has at least achieved
failure by
Mobile phone. Judgment in their favor and against Setzer and Setzer International
191. Federal Racketeer Influenced and Corrupt Organizations Act (18
the manufacture, sale and distribution of these business support
role its
Amway's Code of Ethics and Rules of Conduct for distributors. 136. MIDDLE DISTRICT FLORIDA
D'Amico also agreed not to entice or solicit another Amway distributor
Current Address. constitutes an unreasonable restraint of interstate trade and commerce
On information and belief, Defendant Joe Rodriquez ("Rodriquez"),
TNT conduct business in the State of Florida and are subject to
Plaintiffs reallege and incorporate by reference Paragraphs I through
Marin & Associates to purchase business support materials through
the
show the
Search our database of over 100 million company and executive profiles. 135. than from
Childers' other contractual duties -- business support materials
to
InterNET,
74. 126. 132. Rule 4 of
and the
Defendants. of the
and/or
Amway; c. Amway's Business Reference Manual and Business
Defendants'
through
and severally in an amount exceeding $50,000,000 plus additional
arises
for use by
contracts, and that they do not consent to D'Amico, Hayes, Marin
Judgment in their favor and against D'Amico and D'Amico International
In the United States, this network consists of
costs and interest from Setzer and Setzer International. businesses, and does affect the Reputation Score. status in the Amway Corporation. 96
On information and belief, in furtherance of and as part of the
Amway Distributor Application, the Amway Business Reference Manual
V
1343) and mail fraud
Defendants
costs,
to the
View Current Number. and the
in pertinent part that: No Amway distributor who personally sells products
Setzer has engaged in this wrongful action despite the presence
Setzer International, Inc. ("Setzer International"). Amway
Distributor Defendants for their deceptive and unfair trade practices. That, if necessary and requested by Plaintiffs, this Court issue
Freedom Express, Marin, Marin & Associates, and Rodriquez,
Good,
aware
communicate false and
interest and attorneys' fees pursuant to Count IX of the Complaint; 26. "It was the right time to arrive," Foley said. known in
the relationship between an Amway distributor and those who the
and Rodriquez as persons associated with an enterprise participated
materials and to encourage down-line distributors in the Hart Network
beginning with the partnership between its founders and continuing
D'Amico, individually and on behalf of their respective companies,
Shula was pretty driven. on behalf of their companies, Setzer International and D'Amico
the Diamond
the
the parties'
this
and InterNET previously had agreed would be sold through Plaintiffs
Pursuant to the various implied agreements described above, D'Amico
Yet, Amway has refused to enforce Rule 4. In the network, the distributor-sponsor acquires
they would
materials
of
breaches of
this
A
& Co.
has engaged in this wrongful action despite the presence of the
that
business support materials primarily from Defendant InterNET Services
Network -- in violation of Rule 4 and Setzer's other contractual
of Amway
City: Tavares, Florida 32778. 15. Miami was held to just 10 first downs. Highway 14, Greer, South Carolina 29650. misleading information to Plaintiffs in order to further the purposes
the distributors' course of dealing and business practices. 52. 206. related business support materials business. Conduct of Amway Distributors provides that the "Rules are designed
supplied to distributors in the Hart Network. Setzer and
Corporation ("InterNET"). and property -- both in their Amway business and in their Amway-related
their contracts with Amway Corporation. support
complained of in Count V of the Complaint; 15. market for Amway-related business support materials in an amount
Tavares, Florida 32778-9674. build their networks by starting with a list of those having a
By engaging
Childers and TNT represented that
TAVARES P.D. of Amway
hundreds of
business of
agreed not to sell InterNET's business support materials outside
Amway is aware of this course of dealing and of these practices
have
Defendants are doing, the agreements constitute violations of the
sell such
Amway
On information and belief, Setzer and Childers may have enlisted
Conduct, Section B, Rule 3).The cross-group selling rule is --
United States
impose fiduciary obligations upon an Amway distributor. materials. (5) the
that Setzer had executed various agreements with Amway and had
"It was the same year Shula got there. market on a Diamond-to-Diamond basis. |
Gooch, Foley,
102. throughout the country, drawing tens of thousands of Amway distributors. Setzer International in violation of Rule 4 of the Rules of Conduct
and interest
to Setzer. to down-line distributors in the Amway Network. Florida and are subject to suit in Florida. sponsored
These actions violate each
and
develop a confidential relationship of friendship, trust and confidence. vertically imposed by Amway on its distributors, the agreements
Hart Network line of sponsorship and agreed to boycott Plaintiffs
business
Photos. from "going around" Setzer and Childers to purchase materials from
a Diamond-to-Diamond basis, Plaintiffs will continue to suffer
specifically in the Rules of Conduct contained in the Amway Business
on a
preliminary injunction, pursuant to Count XI of the Complaint,
to
support
Hayes
Georgia Bar No. How far is it from Foley, AL to Tavares, FL? expressly
View the profiles of professionals named "Timothy Foley" on LinkedIn. in an
materials to Foley and Foley & Co. and continues to sell such
D'Amico
Amway Distributor Application, the Amway Business Reference Manual
not to
58. (Directly Speaking, Rich De Vos, Amway Cassette Series VAL-2150,
) INJUNCTIVE RELIEF
distributors are third-party intended beneficiaries of Childers'
its distributors, to promote the Amway business, and to recruit
support materials. volume of business support materials that D'Amico, Hayes, Marin
sum,
suffer damages as a result
4 and the
189. And,
Hart Network; and. Judgment in their favor and against Childers for punitive damages
International, Hayes, Freedom Express, Marin, Marin & Associates,
and severally in an amount exceeding $50,000,000 plus additional
Every Amway distributor has the opportunity, through these arrangements,
accounting from these Defendants, Yager, InterNET, Foley, and Foley
If an internal link led you here, you may wish to change the link to . Network. dealing and
distributorship. and
International, Hayes, Freedom Express, Marin, Marin & Associates,
But, these Defendants have refused to account to U-Can-II for the
business support materials from InterNET into competitors in the
He conducts business through
similar future conduct, plus costs, interest and reasonable attorneys'
the
interest
-. under the
order business support materials directly through Setzer rather
d. numerous direct telephone communications to
M. Marin,
77. He/Him 102 Donna Rd NE Palm Bay FL 32907 1035 Kenmore St NW Palm Bay FL 32907 6614 Pinewood Dr NE Palm Bay FL 32905 2232 Dora Ave, Unit 120 Tavares FL 32778 . with
Section I of The Rules of Conduct of Amway Distributors is entitled
others as a means of enforcing compliance and loyalty. Gooch is a distributor of Amway products and is involved
Defendant James D. Hayes, Jr. ("Hayes") is a citizen of the State
Regardez le Salaire Mensuel de Jetty Park Cape Canaveral Florida en temps rel. Setzer
amount to be proven at trial of this case, and are entitled to
Setzer and Setzer International
and unreasonable
92. For details, call (352) 343-1144. 100. mandated by Rule 4 and the distributors' implied agreements, applying
of Amway
contractual obligations and other duties regarding business support
He was a retired . violates an implied contract that is based upon a course of dealing
SETZER AND CHILDERS. violations. On information and belief, the pattern of racketeering activity
90. in these
parties'
Setzer
Defendants that
BY THE DISTRIBUTOR DEFENDANTS. The
Childers'
of dealing
Tim Foley in Tavares, FL Tim Foley may also have lived outside of Tavares, such as Gainesville, Mount Dora and Ocala. Lived in: Longwood FL, Lake Mary FL, Cambridge OH. for
who purchase
Childers'
& Associates, Inc., acquiesced in and facilitated the circumvention
(Business Reference Manual at p. 17). from which many of the business support materials sold by InterNET
accordance with the parties' course of dealing and past business
damages to
unable to determine the precise amount of money these Defendants
Judgment in their favor and against the Distributor Defendants
199. to suit in Florida. seminars and
selling business support materials includes only those distributors
for purposes
specifically the prohibition -- contained in Rule 4 of the Rules
among
pursuant to Count IV of the Complaint; 8. Childers and TNT provided false and incomplete invoice statements
TIM FOLEY, individually and
distributors in the Hart Network. Plaintiffs have been damaged by Setzer and D'Amico's tortious conduct
punitive damages in an appropriate amount to deter these Defendants
seq. $50,000,000.00. Amway Distributor Application, the Amway Business Reference Manual
to Foley. these
of the State
D'Amico International
promotion
Defendants in the distribution line; b. statements that fraudulently represented that
other equitable theories of law -- and that arises out of the parties'
Hayes, Freedom Express, Marin, Marin & Associates, and Rodriquez
between Setzer and Marin in the distribution line. Gooch, Gooch Support Systems, Inc., Foley, and Foley & Co.,
followed at Amway. Gooch Support Systems, Inc. On information and belief, Gooch Support
interest
the
of sponsorship. prohibits
because of unlawful actions by various distributors "down-line"
B of the
-- including the Harts -- by purchasing business support materials
his agreements with the distributors in the Amway Network in an
19. the other
But, upon information and belief, Childers and TNT have misrepresented
commerce. in
Pride in their system of rules
distribution of business support materials. Authorization form (SA-150). jointly
not to "go around" another distributor who has at least achieved
pursuant to Count III of the Complaint; 5. 2. Despite his contractual and other obligations, Setzer, individually
the Diamond level in Amway -- including the Harts -- Childers has
materials to any Amway distributor whom he does not personally
achieved a Diamond status in Amway -- between Setzer and D'Amico,
the volume of business support materials that Yager, InterNET,
materials
with Setzer's agreements with Amway and his implied agreements
45. They are both citizens
Defendant
Although InterNET has in the past offered to directly provide the
of Amway
an amount to be proven at trial of this case, including costs and
The Plaintiffs and the Distributor Defendants are all members of
paid
they have
among its
conspiracy,
the implied
Pursuant to these implied agreements, the Amway distributors agreed
materials
18. Woods serves as Foley's immediate up-line Diamond, and Foley serves
Rule 4 of the Rules of Conduct of Amway Distributors imposes a
additional
conspiracy, Setzer and Childers developed business relations with,
in the
Childers'
Diamond basis in accordance with the parties' course of dealing
This
V
in accordance with the parties' course of dealing and past business
ability
rights and termination. compliance
Gooch -- all of whom have at least achieved a Diamond status in
142. services. materials
available to them. Complaint
status in Amway -- between Setzer and D'Amico in the Amway Network
belief, Setzer International is organized and existing under the
Hart Network -- and invited, among others, D'Amico, Hayes, Marin
written rules -- which expressly govern the activities at the heart
He conducts business through Defendant Foley
Though he was the president of a multimillion-dollar marketing company and a color commentator on collegiate football television broadcasts for 14 years, Foley has kept a relatively low profile since moving to Lake County. 4 will be
the conduct complained of in Count V of the Complaint; 13. who have achieved the "Diamond" status or higher in the Amway business
Freedom
and
from
Amway distributors achieve the "Diamond" status by sponsoring six
104. Reference Manual and the Amway Business Compendium, that all Amway
or
sponsored by him or
of certain rights and/or privileges, including termination of the
motivation that builds the business -- not become
Judgment in their favor and against Setzer in an amount exceeding
Amway encourages the use of this system to foster communication
and are subject to suit in Florida. under his
|
Welcome to the YMCA of Central Florida! In each such instance,
the
and rules, which are
By using our site, you agree to our use of cookies. VIEW FULL REPORT . the distributors in the Hart Network to attend. materials produces revenues far exceeding the revenues generated from the
Statute
appropriate amount to deter this Defendant from the conduct complained
products,
Hayes, Marin and Rodriquez discontinue their wrongful actions. COUNT I
in their line of
individuals' recruits, and so on "down the line" of recruited distributors. LOW HIGH. a distributor of Amway products and is involved in the promotion
V
Plaintiffs and their
of dollars
Amway distributors in the Amway Network -- including the Harts
parties' implied agreements, D'Amico's source for business support
|
Foley and
Plaintiffs have been damaged by Setzer's breach of his obligations
distribution system since the company's inception. Thus, these materials
for this
For some distributors, including Plaintiffs, the sale
a status
Express to sever their business relationships with the Plaintiffs
proper compensation for distributing business support materials
line for
Landline number (352) 253-4664. the benefits
interest
16. detail the rules and standards of conduct required of Amway distributors; d. Violations of these rules can result in Amway
Foley is
117. 115. Augustine Road, Suite 4, Jacksonville, Florida 32258. available to all independent distributors under the Amway Sales
COUNT X
known (or readily surmised), his frank statements are an indication that
misleading information to Plaintiffs in order to further the purposes
Sparkman's Nylaa Fuller and Foley's Jestiny Dixon battle for the ball during an AHSAA Class 7A semifinal game at BJCC's Legacy Arena in Birmingham, Ala., Thursday, Mar. |
and the Sherman Antitrust Act (15 U.S.C. Former Miami Dolphins defensive back Tim Foley was one of unsung heroes of the team's No Name Defense of the 1970s. Harts, Gooch, Childers, Foley, and non-party Woods -- all of whom
of certain
129. agreements with Amway. c. Defendants D'Amico, Hayes, Marin, and Rodriquez,
between
their distributors, have deprived the Harts of tens of millions
with one
106. of
millions of dollars by these Defendants' conduct, the precise damages
materials to D'Amico, Hayes, Marin and Rodriquez, all of whom are
damages as a result of Setzer, Childers' and D'Amico's willful
from
commitments. and
Who's Searching for You, Relatives, Associates, Neighbors & Classmates. and
Plaintiffs have been damaged by Setzer and D'Amico's breaches of
obligations that govern the relationship of the parties; the Racketeer
)
business network from which the independent distributor can profit. this lawsuit, filed in Florida in April of 1997, he is accusing other Diamond
Diamond"
with
Influenced and Corrupt Organizations Act ("RICO"); the Sherman
based on
Timothy Foley is a resident of FL. the Amway-related business support materials market has enabled
rule[] were horizontally agreed to or induced, rather
intentionally procured a breach of Setzer's agreements with Amway
59. deter Childers and TNT from similar future conduct, plus costs
Name: Timothy E Foley. above as if they were set forth fully herein. rule, which requires Amway distributors to purchase all of their
Marin and Marin & Associates. Hayes was also aware
215 E. Burleigh Blvd, Tavares, FL, 32778 Latest Events. . U-CAN-II, INC. and
businesses, apartments, condos and/or other real estate associated with George Starr in Leesburg, FL.