A planned Galveston fitness club won’t open after all.

Jason Voges said Island Life Fitness, co-owned with Crystal Voges, won’t be able to open because of a lawsuit filed by a Mississippi-based fitness company for which Jason Voges once worked.

Fitness Group filed a lawsuit against Jason Voges, Crystal Voges and Island Life Fitness on Dec. 1, 2017, in the 10th District Court.

Court records from Friday show that the two sides had reached an agreement to close the case.

Jason Voges worked in various positions for Fitness Group starting in June 2010 at different fitness clubs across Texas, the lawsuit asserts.

“One of the keys to the plaintiff’s success is its unique employment, marketing, pricing, business operation, business development and management techniques and strategies, as well as its employee benefits and compensation procedures,” the lawsuit asserts.

Jason Voges signed two nondisclosure agreements during his tenure with Fitness Group that dictated what he could do with trade information, according to the lawsuit.

Fitness Group terminated Jason Voges’ employment Feb. 17, 2017, while he was an area manager at Anytime Fitness in Galveston and paid him severance, the lawsuit asserts.

The plaintiffs will recover $75,000 from the defendants and will be able to enforce the noncompete agreement in the future, according to the final judgment document.

VACATION WOES

A Galveston couple seeks more than $1 million from an offshore diving company and a Kemah-based manager, asserting they weren’t paid for unused vacation time and ownership fees.

Jessica Zamora and Charles Zamora filed a lawsuit Dec. 20, 2017, in the 10th District Court against Legacy Offshore, Louis Schaefer Jr. and Louis Schaefer Jr. 2006 Investment Trust.

Charles Zamora was part of the group that formed Legacy in 2008 and owned a 10 percent interest, according to the lawsuit.

Charles Zamora resigned from the company in December 2017, while Jessica Zamora had left in December 2016, but neither was given pay for unused vacation time despite it being a company policy, the lawsuit contends.

Legacy Offshore stopped paying Jessica Zamora in December 2015 and owes her about $61,500, the lawsuit asserts.

No one representing Legacy Offshore paid Charles Zamora for his 10 percent interest in the company and he was not paid during a July 2016 pay period, according to the lawsuit.

Louis Schaefer, who owned 60 percent interest in the company himself and 30 percent through his investment trust, also began transferring large sums of money from Legacy Offshore to his trust, the lawsuit asserts.

Schaefer didn’t tell Charles Zamora about the transfers, despite him owning 10 percent interest, according to the lawsuit.

The defendants have not yet responded to the lawsuit, court records show.

UPSET BUSINESSES

A La Marque man has countersued in a case involving the purchase of a La Marque business and accusations of conspiracy to devalue stock.

William Botts and Kin-Tek Analytical filed a counterclaim Dec. 12, 2017, against James McKinley, asserting he hadn’t upheld his side of an agreement with Kin-Tek Analytical to sell his company.

McKinley had originally filed a lawsuit against Botts and the company Oct. 4, 2017, seeking between $100,000 and $200,000 in damages, court records show.

McKinley asserts that in February 2017, he reached an agreement with Kin-Tek Analytical and Botts to buy Kin-Tek Laboratories.

Botts’ counterclaim asserts the purchase saved Kin-Tek Laboratories from financial woes after it posted losses in 2011 through 2013.

“In 2012, McKinley and Laboratories engaged Botts as a consultant to Laboratories, but Laboratories ultimately could not afford Botts’ services,” the counterclaim asserts.

The two sides eventually reached an agreement for the purchase of Kin-Tek Laboratories under which Botts would create Kin-Tek Analytical to purchase the assets, McKinley would receive 40 percent interest in the new company, McKinley would receive $80,000 per year for consulting services, among other terms, the counterclaim asserts.

Botts discovered after the purchase that the financial status of the company hadn’t been disclosed, according to the counterclaim.

The misrepresentation meant Botts suffered more than $100,000 in damages, the counterclaim asserts.

McKinley has claimed Botts is falsely undervaluing the company’s assets in an attempt to devalue the stock, the original complaint asserts.

TRIAL SCHEDULE

No jury trials are scheduled for this week.

Matt deGrood: 409-683-5230; matt.degrood@galvnews.com

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