The trial New Orleans native and former Pizza Hut magnate Larry Lundy who was forced to shutter his 44 restaurants in 2011 after years of worsening relations with the Dallas based chain is now slated to begin in September a district court judge ruled last week.
The pizza chain filed suit Jan. 3 2011 claiming Lundy Enterprises had fallen behind on royalty payments.
Judge David Godbey of Federal District Court in Dallas rescheduled the trial for Lundy from April 29 to Sept. 30. The trial is set to last one week according to the judge's order issued March 26.
It is extremely unlikely that any further continuances will be granted Godbey said in his order.
Starting in the mid 1980s Lundy rose through the corporate ranks at Pizza Hut's headquarters in Kansas.
He owned dozens of Pizza Hut restaurants including 11 New Orleans area locations that closed after the pizza chain filed suit in early 2011 against his company Lundy Enterprises claiming it had fallen behind on royalty payments.
Pizza Hut and Lundy Enterprises which had 1 200 employees across 64 stores in south Louisiana at its height a decade ago spent much of 2011 in arbitration. Both sides reached a deal that would have transferred Lundy's assets to Pizza Hut federal court records show but the value of the assets pegged at $7.8 million was not enough to pay off all liens claims and other expenses.
Lundy's lawyer Justin Klein requested that the trial be rescheduled because his wife was being admitted to the hospital for stem cell treatment on the same date according to a federal court filing. Klein said the delay would ensure the Lundy parties can have their lead counsel who has handled this matter since its inception to adequately prepare for trial in this case and to be able to participate in the trial.
Klein also said in the March 21 filing that Lundy and Pizza Hut would continue settlement discussions which the parties have been engaged in for several weeks.
Lundy has alleged previously that Pizza Hut imposed unfair credit terms refused his restaurants the chance to offer new products available in other markets and over time opened independent stores that became his competition.