A Lubbock-based business sued Kevin Richard Foote, Fired Up Holding Company, and Twisted Spigot Wednesday afternoon in State District Court.  The lawsuit is in a category between $200,000 and $1,000,000.  

Specifically, Gsingh II LLC claims it was cheated out of $600,000. 

Foote, Fired Up and Twisted Spigot made the news in July 2017 when Ruby Tequila’s two Lubbock locations suddenly closed and employees said they were not given prior notice.

Ruby Tequila’s had just been bought by Fired Up.  Later, news broke that Twisted Spigot also closed suddenly.  

The company claims that Richard Foote misled Dr. Gurdev Gill, who is listed as the “sole member of Gsingh II.

“The name Richard Foote was used throughout negotiations as well as for the signing of the agreement,” the lawsuit said.  A background check of “Richard Foote” raised no problems.

“Had Foote actually given Gsingh II his real name of ‘Kevin Richard Foote,’ Gsingh II’s background check would have returned significant results,” the lawsuit said. 

“Kevin Richard Foote is actually a convicted felon who is known for opening restaurants and then running away with their earnings,” the lawsuit said.

“Further, Foote has a history of not paying employees their earned wages and not performing on contract related to his business,” the lawsuit also said. 

The lawsuit said Gsingh II had already paid $600,000.  It was scheduled to pay another $400,000 in July 2017 and then another $400,000 in October of 2017.  In exchange, Gsingh II was receive 177 common shares of Fired Up.

In September, a federal lawsuit was filed by employees against Foote and his companies.  The lawsuit is still pending in Amarillo federal court.  Foote issued a written response without an attorney in the Amarillo lawsuit.  He denied many of the allegations. 

EverythingLubbock.com did call a number for Foote listed in court records.  We were told it was a wrong number. 

* Correction: This story has been corrected to fix the year that the restaurants closed.