TAMPA – A company and corporation located in Odessa allege a Texas corporation ruined their business because it did not launch a product as planned.
BurnYourselfOut LLC and MyPrivateTravelNet Inc. filed a complaint on Aug. 31 in the Tampa Division of the Middle District of Florida against Sage IT Inc. citing the Florida Deceptive and Unfair Trade Practices Act, unjust enrichment and other counts.
According to the complaint, the plaintiffs allege that on July 31, 2013, they entered a nondisclosure agreement with the defendant to create a web portal and mobile applications that would allow users to plan, schedule, and book trips for the plaintiffs' Jetsetrekker online platform. The base contract price of the agreement was $128,906, the suit states. As a result of defendant’s alleged misrepresentations of performance, status and failed launch dates, the plaintiffs’ claim their business was ruined as their agreements with Orbitz, OnCabs, Priceline and Viator were terminated. The plaintiffs also allege that the defendant disclosed source code to third parties.
The plaintiffs request a trial by jury and seek judgment against defendant, preliminary and permanent injunction, rescission, damages, attorneys' fees, costs of action, interest and further relief as the court deems fair. They are represented by Richard J. McIntyre of McIntyre, Thanasides, Bringgold, Elliot, Grimaldi & Guito PA in Tampa and Richard S. Gora of Gora LLC in Stamford, Connecticut.
Tampa Division of the Middle District of Florida
Case number 16-cv-02532