(WKBN) – Perkins Corporate says the operator of several local Perkins restaurants is not following a court order to cease operations, according to court documents filed Wednesday.
A federal judge issued a temporary restraining order against 5171 Campbells Land Co.’s franchise restaurants, prohibiting them from using Perkins’ trademarks or products. It came after Perkins Corporate accused the operator of failing to pay royalties or update its restaurants, as part of its contract with the restaurants.
A court document filed by lawyers for Perkins Wednesday cited WKBN’s story as evidence that the local restaurants are disobeying the court order. In addition, the lawyers cited photo evidence that restaurants in Meadville and Greenville were operating in violation of the court order on Wednesday.
WKBN contacted each of the restaurants Wednesday and found that they were still in operation, despite the court order.
A lawyer for Perkins also reported contacting the stores. According to court documents, the lawyer reported talking to a person who answered the phone at the Warren restaurant. When asked, that person verified that they were a Perkins restaurant but said, “Yeah, but we are not allowed to answer like that anymore,” according to court documents.
The person also stated, “Twenty-six stores are closing, but we are open right now,” later saying, “We can be closing in 10 minutes, two days, or tonight, so you should come right now,” according to the court documents.
Lawyers for the owner of Campbells Land Co. has cited health issues that make it difficult for him to travel to Tennessee for court hearings. They asked a judge to continue a preliminary injunction hearing set Monday.
Perkins Corporate doesn’t dispute those issues but cites a violation of the temporary restraining order and asks Campbells Land Co. to prove that its restaurants are following the court order.
As such, Perkins’ lawyers oppose the motion to continue.