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Summary Judgment Filed, Awaits Court Ruling
Adam L. Hoogestraat, DC, has filed a motion for summary judgment against Dr. Paul "Uncle Paul" Hollern in the U.S. District Court of the Western District of Kentucky, Louisville Division. The motion is in response to a collection action originally filed by Hollern against Hoogestraat for Hoogestraat's participation in a chiropractic business training program, known as the Hollern System, and run by the UnclePaul Chiropractic Business Training Corporation.
According to the summary judgment request, the original action filed by Hollern "seeks to recover from Hoogestraat the sum of $451,696 under a certain Purchase and Management Agreement ('the Agreement'). Such sum represents a claim for $395,000 due as compensation under the Agreement relating to Hoogestraat's participation in Hollern System courses, plus $56,696 in alleged advancements."
Hoogestraat alleges that the "Agreement" is not enforceable for several reasons, including "fraudulent inducement, illegality, failure of consideration and failure to comply with the requirements of both KRS Chapters 165A and 367." Hoogestraat also claims that "UnclePaul and Hollern have failed to respond to Hoogestraat's discovery requests tendered in Sept. 2005 in this action and in May 2006, in the prior bankruptcy adversary proceeding between the parties."
According to the background provided in the motion filing, "From February 2003 to November 2003, Hoogestraat received training in the Hollern System from Hollern and UnclePaul at either Uncle Paul's business premises in Louisville, or at a chiropractic office in which Hollern had a financial interest. Approximately midway through the course of instruction, Hollern represented to Hoogestraat and the other students in his class, that they had only been presented half the information necessary to successfully operate a chiropractic office under the Hollern System. Hollern further represented that the remaining half of the training in...