4/15/14

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To our valued customers:

It has come to my attention that a competitor of Mac N’ Out Macaroni & Cheese® – Mr. Robert Dunn, who is also a former business partner of my father – initiated a smear campaign using social media over the past week. It is our understanding that Mr. Dunn has posted several false and inflammatory messages on at least the Facebook and Yelp pages of both Mac N’ Out® and our competitors. We find Mr. Dunn’s statements and accusations both offensive and insulting.

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Mr. Dunn is currently involved in an active litigation relating to the subject matter of his malicious statements. It is the company’s policy not to comment on active legal proceedings; therefore, we provide no further opinion at this time. However, anyone interested in learning more about Mr. Dunn’s legal proceedings, or his accusations, may do so here. At that website you will find complete copies of the transcripts from the public trial held last year.

We encourage you to read the public hearing transcripts and formulate your own conclusions regarding the veracity of Mr. Dunn’s statements. For your convenience, we quote below the Court’s conclusions following several days of live testimony and documentary evidence:

Based on the — the evidence and an examination of the pertinent exhibits in this file, the Court is prepared to make the following findings. . . .

It is found that in the course of operating the two establishments, that Dunn took monies without authorization and in violation of the agreement. It is found that monies of MacDaddy’s were used to pay personal expenses, including expenses for landscaping, gas for a vehicle that he owned but was used in the business, and other expenses unrelated to MacDaddy’s Monroe or MacDaddy’s Fairfield, LLC. It is found that there were unauthorized draws of money made, and that Voll did not authorize any of the draws to be made. It is further found that as of November 2011 vendors were owed monies and monies were past due, shut off notices for utilities had been received concerning the Monroe store, and rent controlled by Voll’s wife for Monroe had not been paid. It is found that various checks made payable to cash were endorsed by Robert Dunn, some of whom were — some of which were made by a third party which he claimed were for payroll. It is further found that 15 thousand dollars was taken without authorization from MacDaddy’s of Fairfield by Dunn. It is found that pursuant to Exhibit M that the plaintiff; Dunn, is facing eviction concerning property in Newtown for which the rental payments are four thousand dollars per month. It is found that he is in default of those payments pursuant to Exhibit 18. It is found that Dunn diverted funds from Groupon funds into a personal account; Jordan’s Future, LLC and that Jordan is the name of his daughter. It is further found that he engaged in barter for services for non-business related expenses using the products of MacDaddy’s, LLC in the process.

The Court therefore finds that an injunction should be issued in this case, enjoining Robert Dunn in much the manner provided for in the stipulated order.

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It is ordered that paragraph one of the agreement will remain in effect. That paragraph reads; Robert Dunn is hereby immediately prohibited from accessing in any way any and all bank accounts that are in any way associated with MacDaddy’s Fairfield, LLC or MacDaddy’s Monroe, LLC, including but not limited to the Chase Bank account for MacDaddy’s Fairfield ending 9464, the Chase Bank account for MacDaddy’s Monroe, LLC, ending 3939, the bank account for MacDaddy’s Monroe and Cheese Bar Management Company, LLC ending 3913 and all related credit and or debit cards.

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It is further found that — ordered that Robert Dunn is immediately prohibited from entering the premises of MacDaddy’s Monroe, LLC, located at 650 Main Street, Monroe, Connecticut, 06468 and MacDaddy’s Fairfield, LLC located at 44 – 2449 Blackrock Turnpike, Fairfield, Connecticut, 06825 except as otherwise indicated in this order.

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It is ordered that Robert Dunn is prohibited from having any contact with employees of MacDaddy’s Monroe, LLC and MacDaddy’s of Fairfield, LLC, except as ordered in this agreement. It is ordered that Robert Dunn shall immediately upon the entry of this order, provide Joseph Voll and Gary and Susan Swanson, in the event that this has not been previously done, with any necessary authorization codes and passwords to the point of sale system at MacDaddy’s Monroe, LLC, and MacDaddy’s Fairfield, LLC or otherwise cooperate with Mr. Voll and the Swansons to ensure that both POS systems are fully operational. The Court finds that this has been accomplished and this order is only to the extent that something has not been accomplished to date. It is further ordered that Robert Dunn shall immediately refrain from posting anything on MacDaddy’s website or posting anything regarding MacDaddy’s through any form of social media and requires that Robert Dunn post anything regarding MacDaddy’s as recently requested by Joseph Voll and Gary and Susan Swanson within a reasonable amount of time from today’s date. And once again, that is to retain a condition already in effect and should not require any additional information.

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As mentioned above, the full transcripts of the trial and the Court’s full findings are available at the above link. We trust that those informed of the public record will reach a very different conclusion than the statements made by Mr. Dunn.

Mr. Dunn’s recent behavior is unfortunate and we regret that we felt forced to write this letter to our customers. We value your continued support as loyal customers.

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Sincerely,

Kate Voll
Owner
Mac N’ Out Macaroni & Cheese®