LUBBOCK, TX (KCBD) - KCBD NewsChannel 11 has been following this story since July.
Ruby Tequila's and Twisted Spigot abruptly closed their doors, leaving workers without a job and without their final paychecks.
In September, a lawsuit was filed by previous Ruby Tequila's employees in the both Lubbock and Amarillo.
Those employees filed suit against several companies involved with the restaurants in any way.
One of those companies, Gill Holdings, a local commercial real estate corporation was named in that lawsuit.
Ben Davidson, attorney for Gill Holdings says they have filed a motion to dismiss, pointing out some deficiencies in the complaint, stating that Gill Holdings has nothing to do with any of the Ruby Tequila's except they owned a building across the street from the Ruby Tequila's on South University that was going to be another Twisted Spigot.
Gill Holdings leased that building to Richard Foote, who misrepresented himself to the Gill's and many others.
"Nobody knew that Richard Foote was actually Kevin Richard Foote who has spent time in jail for doing exactly what happened to Ruby Tequila's employees," said Davidson.
Davidson said they are going to address the issues with Kevin Richard Foote, but they wanted to first set the record clear in the Amarillo lawsuit.
That motion is pending before the federal court in Amarillo and there is no timeline on when they will know what the court will do with this motion.
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