Just three days after ISD shut the Dunkin' Donuts in Maverick Square for health violations, the chain has sued its owner to take away its franchise.
In a federal lawsuit filed yesterday, Dunkin' Donuts alleges the health issues, found in an inspection after somebody posted a Facebook video of scurrying mice inside the outlet, violate its franchise agreement, which requires clean shops. The suit asks a judge to order the D’Alelio Management Co., operating as RMG Donuts, to remove any evidence the store in Maverick Square has anything to do with the chain. D'Alelio currently operates 18 Dunkin' Donuts franchises in the Boston area, including the Maverick Square outlet and two others in East Boston.
In its complaint, the chain says that as news spread of the violations, it sent a courier on Wednesday, Nov. 20, to hand deliver a demand to RMG Donuts that it clean everything up - or in legalese, to "cure the defaults" - within 24 hours.
On November 21, 2019, Defandants' shop was inspected and once again found to be in default of Dunkin's Standards and not to have cured the defaults identified in the November 20th Notice of Default/Notice to Cure.
The chain then sent RMG a franchise termination notice, to stop operating the outlet as a Dunkin' Donuts immediately. But, the suit alleges, the operator has "continued to operate the shop using the Dunkin' system and Dunkin's Marks without having any right or license to do so."
The outlet was closed this afternoon, its windows papered over and a sign apologizing for the inconvenience and directing customer to another Dunkin' Donuts, as a crew from a commercial cleaning company pulled up and went inside.
In addition to asking a judge to get RMG to immediately strip the outlet of all evidence it was once a Dunkin' Donuts, to help stop the "irreparable damage" its continued existence is causing the corporation, Dunkin' Donuts is asking for unspecified damages, costs and attorney's fees. Also, the corporation wants the judge to order RMG to be quick about signing over its lease on the property to Dunkin' Donuts should the chain find another franchisee willing to take over the shop.
RMG has yet to respond to the suit.