It not only has retail outlets but sells bulk orders for sandwiches and salads, Gibson said. Power House Subs, he explained, operates a catering and fundraising business in Pennsylvania and Maryland. Gibson, in an opinion last year dealing with a portion of the federal case, discussed the ongoing dispute between the McDonnells and the present owners. The judge has set a post-discovery status conference for Jan. 3, but Gibson recently extended the deadline at the request of Power House Subs Corporate, the new owners. The federal case is still in the discovery stage.ĭiscovery - a process of determining the facts of a case - was to be completed by Nov. The Siljander objections also cite many other reasons to dismiss the civil charges brought against the defendants. “By failing to do so, (McDonnell) has waived his claims,” he stated. In the request that Blair County dismiss McDonnell’s lawsuit, Siljander contends McDonnell, under the Federal Rules Of Criminal Procedure, should have brought his issues before the federal court. (He) then began to compete against PHS Corporate.” Siljander stated in his objections filed in Blair County “at some point, seller’s remorse struck (McDonnell), and when PHS Corporate did not agree to (his) demand for an employment agreement that would guarantee a $100,000 salary in perpetuity, (McDonnell) … loudly informed PHS Corporate employees he was done, and left. Gibson to issue an injunction bringing the competition to a halt and ordering Mike McDonnell to compensate Power House for breaching the agreement.

The family members, including Mike McDonnell, then took steps to directly compete with the Power House Subs, in violation of a two-year non-compete clause they agreed to when the assets of the business were transferred. District Court in Johnstown contending the “McDonnells” violated a non-compete agreement by creating a business called Supreme Fundraising and Catering LLC. In the dismissal request, Siljander explained that the present owners of the sub shop chain have filed a civil lawsuit against McDonnell, his brother, and a nephew, who once worked for Power House Subs, and a sister, in the U.S. Through attorney Briar Siljander of Highland, Mich., the defendants have asked Blair County Judge Jackie Bernard to dismiss McDonnell’s complaint with prejudice, meaning that he cannot again raise his claims in the county court. 20, they filed objections to the lawsuit in the Blair County Court. The defendants are all businessmen from the Tyrone area, according to McDonnell’s lawsuit. LLC, and Power House Subs Investments, Elevation Holdings and representatives of those organizations, John Russell, William Russell, Ryan DelBaggio, Brice Mertiff and EMG Brands LLC.

The defendants in his lawsuit include Power House Subs Corp.

McDonnell, serving as his own lawyer, wants the court to restore his ownership in the company and enter a judgment against the new owners in the amount of $920,000, which he claims is the amount of wages and benefits the company owes him. However, McDonnell explained in a lawsuit he recently filed in the Blair County Court, his hopes and dreams were dashed when it became obvious to him that he and family members were being eased out of the company, and the idea of expanding the sub chain nationwide was not feasible.

Michael McDonnell, a Hollidaysburg businessman, stated he was also enticed into selling his business because he believed the new owners had plans to expand Power House Subs nationwide - to locations in Pittsburgh, St.

Trade secrets altoona pa