Famous Dave's owes more than $120,000 for food, suit claims

By Kelly Holleran | Apr 5, 2010

HUNTINGTON -- A Delaware corporation claims the owners of Famous Dave's owe it more than $120,000 for food they purchased on credit.

U.S. Foodservice filed a lawsuit Feb. 24 in U.S. District Court for the Southern District of West Virginia against Timothy and Barbara Donahue.

U.S. Foodservice claims Barbara Donahue serves as president of Almost Heaven, a West Virginia company that owns and operates Famous Dave's restaurants in Barboursville and South Charleston.

On Oct. 14, 2006, Almost Heaven entered into a credit application with U.S. Foodservice and began to order and accept delivery of food on credit, according to the complaint. Timothy and Barbara Donahue acted as guarantors on the credit agreement, promising to repay any amounts Almost Heaven failed to pay, the complaint says.

However, after accepting thousands of dollars worth of food on credit, Almost Heaven and Timothy and Barbara Donahue failed to reimburse U.S. Foodservice for food it delivered, the suit states.

Almost Heaven filed for Chapter 11 bankruptcy Feb. 2, so now U.S. Foodservice seeks its money from the Donahues.

"The total amount currently due and owing from Timothy Donahue is $58,226.70," the complaint says. "The total amount currently due and owing from Barbara Donahue is $73,463.26."

In addition to the money it says the Donahues owe it, U.S. Foodservice seeks pre- and post-judgment interest, costs, attorneys' fees and other relief the court deems just.

J. Mark Adkins and Patrick E. Clark of Bowles, Rice, McDavid, Graff and Love in Charleston and Gary H. Leibowitz of Cole, Schotz, Meisel, Forman and Leonard in Baltimore, Md., will be representing U.S. Foodservice.

U.S. District Court case number: 3:10-cv-183

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