Vogel v. 1 Percent Lists Franchises, LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JESSICA WYNNE VOGEL 	CIVIL ACTION
VERSUS 	NO. 25-631
1 PERCENT LISTS FRANCHISES,
LLC ET AL.
SECTION “R” (3)
ORDER AND REASONS
In this action, Jessica Wynne Vogel sued 1 Percent Lists Franchises,
LLC (“Percent Lists”) for breach of contract and related claims arising from
a 	franchise 	agreement. 1 	In 	response, 	defendant 	Percent 	Lists 	filed 	a
counterclaim against Vogel and a third-party claim against One Percent Lists
Carolinas (“Percent Lists Carolinas”) for breach of guaranty and breach of
contract, respectively.2 	Vogel, as plaintiff and counter-defendant, and
Percent Lists Carolinas, as the defendant to the third-party claim, filed a
motion to dismiss the counterclaim and third-party claim. 3 	Thereafter, the
Court granted a motion to substitute Percent Lists Carolinas for Vogel as the
plaintiff. 4 Percent Lists Carolinas is now the plaintiff in this action. Vogel is
no longer the plaintiff. In light of the reconfiguration of the parties, the Court
1 	See generally R. Doc. 1-4.
2 	R. Doc. 44 at 36-42.
3 	R. Doc. 55.
4 	R. Doc. 58.
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orders the defendant to amend its counterclaim and third-party claim to
assert those claims against the proper parties (i.e., a counterclaim against
plaintiff Percent Lists Carolinas and a third-party claim against Vogel). The
motion to dismiss brought by Vogel and Percent Lists Carolinas is denied
without prejudice to its being refiled in response to defendant’s amended
pleadings.
New Orleans, Louisiana, this _____ day of December, 2025.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
2nd
Case 2:25-cv-00631-SSV-EJD Document 73 Filed 12/02/25 Page 2 of 2