General Nutrition Centers files petition to confirm final award against franchisees

By Bree Gonzales | Jan 7, 2019

PITTSBURGH — General Nutrition Centers is asking a court to affirm an arbitration award entered against some of its franchisees.

General Nutrition Centers, Inc. f/k/a General Nutrition Corporation d/b/a General Nutrition International filed a complaint on Dec. 20, in the U.S. District Court for the Western District of Pennsylvania against the defendants alleging that they have failed to pay GNC any portion of the awarded amount of $87,266.57, plus 6% interest.

According to the complaint, the plaintiff alleges that, on Aug. 30, an opinion and final award of the arbitrator was issued. The arbitrator found in favor of GNC and against respondents “in the amount of $87,266.57, plus interest at the legal rate of 6% from January 29, 2016, to the date of payment," the suit says.

"Despite such contractual requirement, as of the date of this petition, the respondents have failed to pay GNC any portion of the awarded amount of $87,266.57, plus 6% interest thereon, the petition says. The plaintiff holds the franchisees responsible because the defendants allegedly received the notice of the award that same date via email transmission of the Award from the AAA’s International Centre for Dispute Resolution.

The franchisees are Representaciones Vitamin, C.A. a/k/a Representaciones Vitamin Gnc, C.A.; Representaciones Vitamin Colombia, S.A.S.; Inversiones Apolo 2000, S.L. f/k/a Representaciones Vitamin G.N.C., S.L. a/k/a Representaciones Vitamin S.L.; and Samuel Levy.

The plaintiff seeks among others an order confirming the final award of the arbitrator issued on August 30, 2018; directing the entry of judgment on the final award of the arbitrator in the amount of $87,266.57, plus interest at the legal rate of 6% from January 29, 2016, to the date of payment; and such other relief the court deems just and proper. It is represented by James R. Hankle, Jennifer P. Richnafsky, and Gesue A. Staltari of Sherrard, German & Kelly, P.C. in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania Case number 2:18-cv-01692-CB

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Sherrard, German and Kelly PC US District Court for the Western District of Pennsylvania

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