Cole gets 60 more days to answer Pla-Fit complaint

Jason Cole... restraining order extended another 60 days (Lebanon Voice file photo)

PORTLAND, Maine -- The restraining order filed against Jason Cole by Planet Fitness was extended another 60 days as the two parties continue to work out an agreement following claims made by the company that Cole, its former payroll manager, had threatened to botch their IPO earlier this summer.

The federal judge agreed to the extension last week after lawyers for both sides said Pla-Fit LLC, Planet Fitness' parent company, and Cole were working together to resolve the dispute cooperatively.

The extension also allows Cole 60 more days to answer the original complaint, which was filed Aug. 10.

An earlier 30-day extension was filed on Aug. 24 after Planet Fitness lawyers said Cole was returning some of the equipment the company had demanded back earlier.

Cole, of Depot Road, Lebanon, was originally served with the temporary restraining order around Aug. 11, according to his attorney Paul Aranson of Sanford.

The 11-page complaint asks the court, among other things, to "permanently enjoin Cole and (live-in girlfriend Laura) Shaw from using or disseminating Planet Fitness' confidential information" and to return all company property, related hard-copy documents, any equipment capable of storing PF info and to award Planet Fitness damages and reasonable attorneys fees and costs and whatever other relief the court finds just and proper.

As detailed in the original complaint Cole, a former Lebanon selectman and assistant rescue chief, threatened company execs with what he considered "damning" information about the company he inadvertently received in an email mistakenly sent him.

Cole's threatening statements were allegedly made after he learned an acquaintance of his had just been fired from the company and days before the fitness giant's IPO on the New York Stock Exchange.

The injunctive relief was sought based on three counts, including, in part, that Cole had breached his contract after signing security and confidentiality agreements, of converting confidential Planet Fitness property for his own personal use, and computer fraud and abuse.

The lawsuit claims Cole's actions have already cost the company in excess of $5,000 and that it will "continue to suffer irreparable harm and monetary damages" due to his actions.

Pla-Fit Franchise, LLC, employs all PF U.S.-based employees, including 172 at its Newington, N.H., corporate offices where Cole worked and 715 at another 56 clubs.

Both Aranson and Pla-Fit Inc., LLC lawyers have refused comment on the case.