Full opinion text
ORDER GRANTING DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT KEHOE, Senior District Judge. This cause came before the Court on defendant-counterclaim plaintiff Burger King Corporation’s (“BKC”) Motions for Summary Judgment With Respect to the Claims of plaintiffs Idrees Agad and Mohammad Iqbal Balagamwala, Jorge, Jaime and Manuel Triana, Carole Hall and Samuel Lee Price. Oral argument was held on BKC’s Motions on April 15, 1994. At that time, plaintiffs argued that BKC’s Motions were premature and requested additional time to take discovery. Notwithstanding that this action had already been pending for almost six (6) years, this Court reserved ruling on the Motions and granted plaintiffs an additional ninety (90) days in which to take discovery and supplement the record. Thereafter, on April 10,1995, this Court heard further argument on BKC’s Motions. For the reasons set forth below, BKC’s Motions for Summary Judgment are GRANTED. A Procedural History 1. This action was originally filed by Carole Hall and eleven (11) other plaintiffs in the United States District Court for the District of Columbia on or about October 17, 1988. The Trianas, who were not parties to the original complaint, were added when the plaintiffs filed an Amended Complaint on or about December 2, 1988. By Order of January 4,1989, the action was transferred to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. § 1404(a). Agad and Balagamwala and Price were added as parties when, on or about February 20, 1989, the plaintiffs filed a Second Amended Complaint. 2. The original plaintiffs were twenty-four (24) past and present franchisees of BKC. They commenced this action on behalf of themselves and a purported class of Black, Hispanic and Asian-Indian Americans who were or are franchisees of BKC. The gravamen of the plaintiffs’ complaint was that BKC allegedly discriminated against Black, Hispanic and Asian-Indian American franchisees as a class and, further, that BKC conspired with its white franchisees to allocate markets for the sale of Burger King® franchises. Based upon these and other allegations, the plaintiffs’ Second Amended Complaint asserted claims for (i) violation of the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982; (ii) deceit; (iii) intentional interference with contractual relations; and (iv) violation of the Sherman Antitrust Act, 15 U.S.C. § 1. 8. By Memorandum Order dated October 26, 1992, this Court denied the plaintiffs’ Motion for Class Certification. See Hall v. Burger King Corp., 1992-2 Trade Cas. (CCH) ¶ 70,042, 1992 WL 372354 (S.D.Fla.1992). Following the Court’s decision, most of the plaintiffs either discontinued or abandoned their individual claims against BKC. Only the claims of seven (7) of the original twenty-four (24) plaintiffs — namely Idrees Agad and Mohammad Balagamwala, Jaime, Manuel and Jorge Triana, Carole Hall and Samuel Lee Price — remain pending. B. The Parties 4. BKC is a corporation organized and existing under the laws of the State of Florida, with its principal place of business in Miami, Florida. BKC is engaged in the business of operating a national and worldwide system of company-owned and franchised Burger King® restaurants. Founded over thirty (30) years ago, BKC now has more than 7,000 restaurants worldwide, over 85% of which are franchised restaurants. 5. Idrees Agad and Mohammad Iqbal Ba-lagamwala are Pakistani franchisees of BKC. They are citizens of the United States and residents of the State of Georgia. Agad and Balagamwala have, at various times over the past fifteen (15) years, owned and operated nine (9) Burger King® restaurants in or around Atlanta, Georgia. 6. The Trianas are Hispanic franchisees of BKC. Manuel and Jaime Triana are citizens of the United States and residents of the State of Illinois. Jorge Triana is a citizen of the United States and a resident of the State of Florida. The Trianas currently own and operate two (2) Burger King® restaurants (Restaurant Nos. 1136 and 1398) in Chicago, Illinois. They formerly operated a third restaurant in Chicago (Burger King® Restaurant No. 147). 7. Carole Hall is a former African-American franchisee of BKC. She is a citizen of the United States and a resident of the State of Michigan. Hall ceased being a Burger King® franchisee when, in August of 1990, BKC terminated her franchise and lease agreements at Burger King® Restaurant No. 1813 for non-payment of royalties, advertising contributions and rent. See Burger King Corp. v. Hall, 770 F.Supp. 633 (S.D.Fla.1991). 8. Samuel Lee Price is a former franchisee of BKC. A citizen of the United States and a resident of the State of Michigan, Price previously owned two (2) Burger King® Restaurants in Michigan. Price left the Burger King® system in June of 1978 when BKC purchased his Burger King® restaurant in Flint, Michigan. C. BKC’s Motions for Summary Judgment 9. In October of 1993, BKC filed Motions for Summary Judgment seeking the dismissal of the claims asserted by Agad and Balagamwala, the Trianas and Hall. Subsequently, in December of 1994, BKC filed a Motion for Summary Judgment seeking the dismissal of the claims asserted by Price. BKC sought the dismissal the of the plaintiffs’ claims on grounds that they were barred by various mutual general releases the parties had entered into, including several releases the plaintiffs had executed shortly before commencing this action. BKC also argued that the claims were time-barred and failed to state claims for relief. This Court granted BKC’s request for oral argument and scheduled a specially-set hearing for April 15, 1994. 10. On April 12, 1994, three (3) days before the scheduled hearing date on BKC’s Motion, plaintiffs sought leave to file a proposed third amended complaint, captioned First Amended Complaint After Denial Of Class Certification (“Cplt.”). By Order dated April 26, 1994, this Court granted plaintiffs’ Motion for Leave to File their Amended Complaint, but solely to the extent said amended complaint was consistent with their counsel’s representations to this Court at the April 15, 1994 hearing regarding the amended pleading. One of those representations was that if BKC was correct with regard to the enforceability of the general releases at issue and the statutes of limitations, the additional facts and/or new causes of action set forth in plaintiffs’ First Amended Complaint After Denial of Class Certification were “irrelevant” and, as such, would be subject to dismissal on the same grounds. 11. Pursuant to this Court’s Order dated April 26, 1994, and at plaintiffs’ counsel’s urging, this Court reserved ruling on BKC’s Motions for Summary Judgment. According to plaintiffs’ counsel, more discovery was needed with respect to BKC’s Motions and, as a result, the Motions were premature. This action had been pending for six (6) years and the parties had thus been afforded more than ample time in which to conduct discovery. Nonetheless, in the exercise of an abundance of caution, this Court afforded plaintiffs an additional ninety (90) days in which to conduct discovery and supplement the record. Further argument on BKC’s Motions was held before this Court on April 10,1995. D. The Standards for Summary Judgment 12. The standards governing the entry of summary judgment are clearly set forth in this Circuit. “Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Beal v. Paramount Pictures Corp., 20 F.3d 454, 458 (11th Cir.), cert. denied, — U.S. -, 115 S.Ct. 675, 130 L.Ed.2d 607 (1994); see Real Estate Fin. v. Resolution Trust Corp., 950 F.2d 1540, 1543 (11th Cir.1992). The Supreme Court has held that this standard is met if the moving party demonstrates that there is “an absence of evidence to support the non-moving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). 13. Although reasonable inferences to be drawn from the facts must be viewed in the light most favorable to the non-moving party, “ ‘[o]nee a moving party has sufficiently supported its motion for summary judgment, the non-moving party must come forward with significant, probative evidence demonstrating the existence of a triable issue of fact.’” Irby v. Bittick, 44 F.3d 949, 953 (11th Cir.1995) (quoting Chanel, Inc. v. Italian Activewear, Inc., 931 F.2d 1472, 1477 (11th Cir.1991)). “The non-moving party cannot rely solely on its pleadings, Fed.R.Civ.P. 56(e); it ‘must do more than simply show that there is some metaphysical doubt as to the material facts.’ ” Irby v. Bittick, supra, 44 F.3d at 953 (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355, 89 L.Ed.2d 538 (1986)) (emphasis omitted). “This effectuates the purpose of summary judgment which ‘is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.’ ” Resolution Trust Corp. v. Dunmar Corp., 43 F.3d 587, 592 (11th Cir.1995) (quoting Wouters v. Martin County, 9 F.3d 924, 928 (11th Cir.1993)) (quoting Matsushita, supra, 475 U.S. at 587, 106 S.Ct. at 1356), cert. denied, — U.S.-, 115 S.Ct. 65, 130 L.Ed.2d 21 (1994)). Accordingly, “[sjummary judgment is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed ‘to secure the just, speedy and inexpensive determination of every action.’ ” Celotex Corp. v. Catrett, supra, 477 U.S. at 327, 106 S.Ct. at 2555 (quoting Fed.R.Civ.P. 1). As the Supreme Court held in Celotex Corp. v. Catrett, In our view the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. 477 U.S. at 322, 106 S.Ct. at 2552. I. BKC’S MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO THE CLAIMS OF PLAINTIFFS IDREES AGAD AND MOHAMMAD IQBAL BA-LAGAMWALA FINDINGS OF FACT 14.The gravamen of Agad and Balagam-wala’s complaint is that BKC allegedly discriminated against them on the basis of their race. They allege, in substance, that they were discriminated against each time they purchased or sought to purchase a Burger King® restaurant, that BKC relegated them to unprofitable restaurants in inner-city, economically depressed areas, and that BKC refused to allow them to expand outside the inner-city area of Atlanta. Specifically, Agad and Balagamwala assert that between 1979 and 1987 — the time period during which they purchased each of their Burger King® restaurants — BKC discriminated against and/or wronged them by, among other things, (i) failing to repair the parking lot of one of their restaurants as promised; (ii) refusing to close a profitable store near another of their restaurants; (iii) forcing them to build an oversized restaurant; (iv) failing to disclose that the drive-thru of a restaurant for which they had purchased the real property was encumbered by an easement; (v) switching the equipment in a restaurant subsequent to the sale, but before they assumed control of a restaurant; and (vi) failing to disclose, prior to their purchase of a restaurant, that certain businesses in the vicinity of that restaurant were allegedly in the process of closing. 15. Based upon these allegations, Agad and. Balagamwala assert nine (9) claims against BKC. Counts I and II of their latest complaint seek relief based upon the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982; Count III seeks relief on a state law theory of fraud; Count IV seeks relief for BKC’s alleged intentional interference with contractual relations; Count V seeks relief for breach of contract; Count VII seeks relief under the Florida Franchise Act, Fla.Stat. § 817.416; Count VIII seeks rescission of their Franchise and Lease Agreements with BKC for Burger King® Restaurant No. 783; Count IX seeks relief under a theory of promissory estoppel; and Count X seeks relief under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq. A Facts Relevant to this Motion 16. Each of the claims asserted by Agad and Balagamwala is based upon actions, events or conduct which are alleged to have occurred prior to May of 1988. This is of immense import because Agad and Balagam-wala admittedly entered into several mutual general releases with BKC, the last release being dated May 18,1988. 17. Thus, in May of 1988, just a few months before this action was commenced, Agad and Balagamwala and BKC executed a mutual general release. This release was executed as part of a settlement whereby BKC permitted Agad and Balagamwala to prematurely terminate their franchise agreement and lease at Burger King® Restaurant No. 1530 before the end of their terms and relocate the restaurant to a new location. The release is captioned, in bold type and capital letters, “AGREEMENT OF CANCELLATION AND TERMINATION OF FRANCHISE AGREEMENT AND LEASE AND GENERAL RELEASE”. Paragraph 3 of the release provides as follows: [I]n further consideration of the execution of this Agreement, AGAD/BALAGAMWA-LA and BKC mutually release one another ... from any and all claims whatsoever in law or in equity, which [they] may have, now has or may have by reason of any matter, cause or thing whatsoever arising out of or in connection with the Franchise Agreement ... the relationship between BKC and AGAD/BALAGAMWALA as vendor and vendee of goods, or any other cause or circumstance.... 18. The May 18, 1988 release was admittedly executed by Agad and Balagamwala on the advice of their long-time counsel in Atlanta, G. Michael Smith, Esq. 19. The May 18,1988 release was not the only general release signed by plaintiffs shortly before they commenced this action. On November 23, 1987, BKC, Agad and Ba-lagamwala executed a Contract For Sale of Real Estate (“Contract for Sale”) pursuant to which BKC agreed to sell, and plaintiffs agreed to purchase, the real estate underlying Restaurant No. 561. It is undisputed that as part of this transaction, the parties executed a document entitled “Agreement of Cancellation and Termination of Lease/Sublease Agreement and General Release (Agreement of Cancellation and Release’).” Pursuant to the Agreement of Cancellation and Release, Agad, Balagamwala and BKC released each other: “from any and all claims whatsoever in law, or in equity, which [they] may have, now has or may have by reason of any matter, cause or thing whatsoever arising out of or in connection with ... the relationship between BKC and [plaintiffs] as vendor and vendee of goods, or any other cause or circumstance_” 20.Plaintiffs admit that they read the November 23, 1987 Agreement of Cancellation and Release before signing it. Further, Agad admitted at deposition that he and Balagamwala were represented by their counsel, G. Michael Smith, when they executed the Agreement of Cancellation and Release: Q. [By BKC’s counsel] Is that your signature on page two of the Exhibit? A. Yes. Q. And is that Mr. Balagamwala’s signature under yours on page two? A. Yeah. Q. And I notice that your signature is witnessed by G. Michael Smith. Is Mr. Smith your attorney? A. Yes. Q. And how long has he represented you? A. Almost 19 years. Q. 19 years? A. 8, 9 or 10 years. Q. Did he represent you during this particular transaction?- A. Yes, he did. 21. Similarly, in January, 1986, in connection with their efforts to acquire Burger King® Restaurant Nos. 788 and 846, Agad and Balagamwala executed a document entitled “Multiple Franchise Application and General Release (the “MFA Release”).” The MFA Release provides that except for any claims being reserved by the parties, “each waives, releases and discharges the other ... from any claim or action whatsoever existing prior to the effective date of the agreement.” It is undisputed that in connection with their execution of the MFA Release, plaintiffs did not reserve any claims against BKC. 22. By their execution of the releases in question, Agad and Balagamwala released BKC from any and all claims or causes of action (or any other cause or circumstance) which existed prior to the dates of the respective releases. As plaintiffs’ counsel conceded at oral argument, if the releases are enforceable, they encompass each of the claims asserted by Agad and Balagamwala in their First Amended Complaint After Denial of Class Certification. 28. At the time they signed the releases in question, Agad and Balagamwala were aware of their purported discrimination claims against BKC. For example, at his deposition of December 11, 1989, Agad testified that he became aware that BKC was allegedly discriminating against him on the basis of his race by late 1981 or early 1982. Agad also testified that as time went on, he “never stopped believing” that he was being discriminated against. Similarly, Balagam-wala testified that he had come to believe that he was being discriminated on the basis of his race at “[t]he same time” as Mr. Agad. Further confirming this fact, Agad and Balagamwala’s counsel, G. Michael Smith, wrote a letter to BKC dated June 17, 1982, in which he specifically charged that “Burger King Corporation, whether at a conscious or unconscious level is taking an attitude of descrimination [sic] against minorities and nationalized foreigners.” B. The Related Action In The Northern District of Georgia 24. In April of 1993, BKC filed an action against Agad and Balagamwala, captioned Burger King Corporation v. Idrees Agad and Mohammad Iqbal Balagamwala, Civil Action No. 1:93-CV-898 (MHS), in the United States District Court for the Northern District of Georgia (the “Atlanta action”). In the Atlanta action, BKC sought to enjoin the continued operation of four (4) of Agad and Balagamwala’s Burger King® restaurants on grounds that the restaurants were being operated in a manner that posed a health risk to the Atlanta public. Agad and Balagamwa-la asserted as counterclaims in the Atlanta action a number of the same causes of action they have asserted in this action, including claims for fraud, violation of RICO, violation of the Florida Franchise Act and Promissory Estoppel. The counterclaims asserted by Agad and Balagamwala in the Atlanta action were not compulsory. (See Fed.R.Civ.P. 13.) Rather, Agad and Balagamwala chose to have those claims heard and adjudicated by the Northern District of Georgia. See 18 Wright, Miller & Cooper, Federal Practice and Procedure § 4441, at 368 (1981) (“Having brought a[] [claim] in a court that is competent to afford full relief, the [counter-claimant] should be prepared to advance every theory or to show good reason for allowing dismissal without prejudice.”). 25. As plaintiffs’ counsel acknowledged during oral argument before this Court on April 10,1995, the operative facts underlying Agad and Balagamwala’s claims are the same in both this and the Atlanta action. 26. By Order dated May 19, 1994, the Honorable Marvin H. Shoob, Senior United States District Judge, granted BKC’s Motion to dismiss Agad and Balagamwala’s claims in the Atlanta action for fraud, RICO, violation of the Florida Franchise Act and Promissory-Estoppel as barred by the statutes of limitations. Fearing that it would bar their claims in this action, Agad and Balagamwala moved for reconsideration of Judge Shoob’s Order. By Order dated August 24, 1994, Judge Shoob denied their motion for reconsideration. Subsequently, Agad and Balagamwala moved for reconsideration again, which motion was denied by Order dated March 10, 1995. CONCLUSIONS OF LAW A. The General Releases Bar Plaintiffs’ Claims 27. BKC initially argues that Agad and Balagamwala’s claims have been released by virtue of the general releases they executed on January 24, 1986, November 28, 1987 and May 18, 1988, respectively. This Court agrees. 28. It is hornbook law that the execution of a valid release results in the termination of all rights covered by the agreement. See Pettinelli v. Danzig, 722 F.2d 706, 708 (11th Cir.1984) (release “conclusively resolves all claims” covered by release); Sottile v. Gaines Constr. Co., 281 So.2d 558, 561 (Fla. 3d DCA 1973) (general release encompasses all claims which have matured at time of its execution), cert. denied, 289 So.2d 737 (Fla.1974); Mulhern v. Rogers, 636 F.Supp. 323, 325 (S.D.Fla.1986). And, in determining what rights are covered by a release, courts must look to the intent of the parties as expressed in the document itself. Solitron Devices, Inc. v. Honeywell, Inc., 842 F.2d 274, 277 (11th Cir.1988); Weingart v. Allen & O’Hara, Inc., 654 F.2d 1096, 1103 (5th Cir.1981); Mulhern v. Rogers, supra, 636 F.Supp. at 325. 29. As is the case with contracts generally, “the language used in [a] release is the best evidence of the parties’ intent.” Hurt v. Leatherby Ins. Co., 380 So.2d 432, 433 (Fla.1980). Accordingly, “it is settled law in Florida that a court may resort to the process of interpretation only when the words used in a contract are unclear.” Boat Town U.S.A., Inc. v. Mercury Marine Div. of Brunswick Corp., 364 So.2d 15, 17 (Fla. 4th DCA 1978). “When that language is clear and unambiguous, the courts cannot indulge in construction or interpretation of its plain meaning.” Hurt v. Leatherby Ins. Co., supra, 380 So.2d at 433; see also Frank Maio Gen. Contractor, Inc. v. Consolidated Elec. Supply, Inc., 452 So.2d 1092, 1093 (Fla. 4th DCA 1984). Where the parties’ intent can be determined from the language of the instrument, such intent is conclusive as to the nature of the instrument, and construction of the release is a question of law to be resolved by the court, and not by a jury. Atlantic Coast Line R.R. Co. v. Boone, 85 So.2d 834, 842 (Fla.1956). That is precisely the case here. (i) The 1986 Release 30. The MFA Release, which Agad and Balagamwala executed in connection with their efforts to purchase Burger King® Restaurant Nos. 783 and 846, provides that it is being submitted by plaintiffs “in consideration of the acceptance for processing of this application by BKC.” The MFA Release continues: [Applicant] in making this application and BKC in granting any franchise approval pursuant to this application each represent to the other that neither party is aware of any basis for complaint which it may have which could give rise to legal claim or action against the other. If Applicant has any complaint or claim which he does not wish to release, he may reserve such complaint or claim by specifying in the space below. In the section of the MFA Release entitled “Applicant’s Claims Statement”, which immediately follows the preceding language, Agad and Balagamwala checked the line marked “NONE”, thereby indicating that they did not wish to reserve any claims against BKC. As the MFA Release further provides: Except for those claims reserved by either of the parties, applicant in making this application, and BKC in granting any franchise approval pursuant to this application, each waives, releases and discharges the other ... from any claim or action whatsoever existing prior to the effective date of this agreement. 31. Agad and Balagamwala do not dispute that they knowingly signed the MFA Release. Their sole argument is that the MFA Release is void because BKC failed to perform a condition precedent—namely, grant franchise approval to them for the Burger King® Restaurant Nos. 783 and 846. Paragraph 1 of the MFA Release, however, flatly contradicts plaintiffs’ argument. Paragraph 1 provides that: Applicant acknowledges that this Agreement is an application for a Burger King franchise and that there has been no assurance nor representation that franchise approval will be granted pursuant to this application. In any event, even assuming arguendo the MFA Release had been conditioned upon BKC’s approval of plaintiffs’ application for Burger King® Restaurant Nos. 783 and 846, it is undisputed that Agad and Balagamwala were approved to acquire and did in fact purchase these restaurants from BKC shortly after executing the foregoing application in 1986. As such, the MFA Release is fully enforceable. (ii) The 1987 Release 32. Agad and Balagamwala argue that they were fraudulently induced to enter into the November 23, 1987 Agreement of Cancellation and Release. According to plaintiffs, an employee of BKC allegedly misrepresented the nature of the Agreement of Cancellation and Release by telling them that the agreement only canceled their lease at Burger King® Restaurant No. 561. Agad and Balagamwala further argue that they relied oh BKC’s alleged misrepresentation because their command of the English language was not very good at the time they executed the release. 33. To set aside a contract on the grounds of fraudulent inducement, the burden is on plaintiffs to show (1) that BKC misrepresented a material fact, (2) that BKC knew or should have known that the statement was false, (3) that BKC intended that the representation would induce plaintiffs to enter into the General Release, and (4) that plaintiffs were injured by acting in justifiable reliance on the misrepresentation. Jankovich v. Bowen, 844 F.Supp. 743, 747 (S.D.Fla.1994); Schubot v. McDonalds Corp., 757 F.Supp. 1351, 1355 (S.D.Fla.1990), aff'd, 963 F.2d 385 (11th Cir.1992); Saunders Leasing Sys., Inc. v. Gulf Cent. Distrib. Ctr., Inc., 513 So.2d 1303 (Fla.2d DCA 1987), review denied, 520 So.2d 584 (Fla.1988). As a matter of law, Agad and Balagamwala have failed to establish their claim of fraudulent inducement. 34. Critically, both Agad and Balagamwa-la admit that they read the Agreement of Cancellation and Release before they executed it. They further admit that they were represented by counsel in connection with the execution of this agreement. 35. “[T]he courts ... have clearly held that a person who signs a contract is presumed to know its contents.” Swift v. North Am. Co. for Life & Health Ins., 677 F.Supp. 1145, 1150 (S.D.Fla.1987) (collecting eases). Here, since (i) Agad and Balagamwala admittedly read the agreement containing the release, (ii) the terms of this agreement were clear and unambiguous, and (in) they were represented by counsel, the falsity of any purported misrepresentation by BKC would have been obvious to them. Cf. Restatement (Second) of Torts § 541, cmt. a (1977) (“[I]f one induces another to buy a horse by representing it to be sound, the purchaser cannot recover even though the horse has but one eye, if the horse is shown to the purchaser before he buys it and the slightest inspection would have disclosed the defect.”); Pettinelli v. Danzig, 722 F.2d 706, 710 (11th Cir.1984). Therefore, even assuming arguendo that someone at BKC represented to plaintiffs that this agreement only canceled the lease at Burger King® Restaurant No. 561, even a cursory reading of this two (2) page document would have shown this representation to be in conflict with the agreement’s plain terms. The agreement is boldly entitled “Agreement of Cancellation and Termination of Lease/Sublease Agreement and General Release”. Further, Paragraph 2 of the agreement explicitly provides that the parties to it were mutually releasing each other from “any and all claims whatsoever in law or in equity” which they had against each other arising out of “any ... cause or circumstance”. 36. Under these circumstances, plaintiffs’ alleged reliance on BKC’s purported misrepresentation was unreasonable as a matter of law. See Pettinelli v. Danzig, supra, 722 F.2d at 710 (“[e]ven if representations were made that were false and did induce the [plaintiffs] to enter into the Release in reliance thereon, such reliance was unjustified” where release’s terms were clear and both parties represented by counsel); O’Rear v. American Family Life Assur. Co., 784 F.Supp. 1561, 1567 (M.D.Fla.1992) (reliance on misrepresentation unreasonable as a matter of law where representation conflicted with plain terms of written contract); First Union Discount Brokerage Servs., Inc. v. Milos, 744 F.Supp. 1145, 1156 (S.D.Fla.1990), aff'd, 997 F.2d 835 (11th Cir.1993); Federal Deposit Ins. Co. v. High Tech Med. Sys., Inc., 574 So.2d 1121, 1123 (Fla. 4th DCA 1991). 37. Nor may Agad and Balagamwala avoid the Release by arguing that their English was “not very good” at the time they executed it. Florida has long held that “[p]ersons not capable of reading English, as well as those who are, are free to elect to bind themselves to contract terms [even if] they sign [the contract] without reading.” Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So.2d 311, 313 (Fla. 5th DCA 1985); accord Swift v. North Am. Co. for Life & Health Ins., supra, 677 F.Supp. at 1150; Sutton v. Crane, 101 So.2d 823, 825 (Fla. 2d DCA 1958) (“If a person cannot read the instrument ... his failure to obtain a reading and explanation of it is such gross negligence as will estop him from avoiding it on the ground that he was ignorant of its contents.”). As the Florida courts have held time and again: The rule that one who signs a contract is presumed to know its contents has been applied even to contracts of illiterate persons on the ground that if such persons are unable to read, they are negligent if they fail to have the contract read to them. If a person cannot read the instrument, it is as much his duty to procure some reliable person to read and explain it to him, before he signs it, as it would be to read it before he signed it if he were able to do so, and his failure to obtain a reading and explanation of it is such gross negligence as will estop him from avoiding it on the ground that he was ignorant of its contents. Swift v. North Am. Co. for Life & Health Ins., supra, 677 F.Supp. at 1150 (collecting cases) (emphasis added). Accordingly, plaintiffs’ claim of fraudulent inducement with respect to the 1987 Agreement of Cancellation and Release fails as a matter of law. 38. Searching for some other basis by which to avoid the 1987 Release, Agad and Balagamwala next argue that the deed for the property sold to them is dated four (4) days earlier (November 19,1987) than the Agreement of Cancellation and Release (November 23, 1987). Accordingly, they argue that there was no consideration for the Agreement of Cancellation and Release since the lease in question had been canceled before the date they signed the release. This argument, however, finds no support in either the applicable law or the facts of record. 39. “It has long been the law of Florida that it is essential to the validity of a deed of land that there be a voluntary delivery of it by the grantor to the grantee....” Jeffords v. Jeffords, 148 So.2d 43, 44 (Fla. 1st DCA 1962); see also Parramore v. Parramore, 371 So.2d 123, 124 (Fla. 1st DCA 1978). In other words, “[d]elivery is an essential requisite of the execution of a deed conveying legal title and without delivery, nothing passes to the grantee.” Howarth v. Moreau, 430 So.2d 576, 578 (Fla. 5th DCA 1983); see also McCoy v. Love, 382 So.2d 647, 649 (Fla.1979). Here, as is evident from the Contract For Sale Of Real Estate that Agad and Balagamwala executed in connection with their purchase of the property in question, which is dated November 23, 1987, the deed for the property at issue was not delivered until the closing of the transaction. According to the Contract for Sale, this closing took “place on November 23, 1987”— at which time plaintiffs signed the Agreement of Cancellation and Release. Furthermore, any contention that the deed was delivered on a date prior to the date of the Contract for Sale is belied by the Contract for Sale itself, which provides that “Seller [BKC] warrants title to be marketable and agrees to convey the property by Special Warranty Deed” to Purchaser. 40. Most importantly, the consideration Agad and Balagamwala received is clearly set forth in the Agreement of Cancellation and Release. BKC sold plaintiffs the real estate in question and released them from any and all liabilities and obligations under their lease, including obligations which survived the cancellation of the lease — such as any past due rent and the need to make repairs. Further, in paragraph 2 of the Agreement of Cancellation and Release, BKC released Agad and Balagamwala from any and all claims or causes of action of any kind, just as they released BKC. In sum, there simply is no basis for setting aside the 1987 Agreement of Cancellation and Release. (iii) The 1988 Release 41. The last release at issue was executed by Agad, Balagamwala and BKC on May 18, 1988, only a few months before plaintiffs commenced this action. As with the 1987 Release, plaintiffs argue that they were somehow fraudulently induced to enter into the 1988 Release because BKC misrepresented the “nature” of this agreement. Agad claims that at the time this agreement was executed, he requested that BKC’s representatives explain the document to him because his ability to read English was limited. Allegedly, BKC’s representatives told Agad that the agreement only canceled his lease at Burger King® Restaurant No. 1530. Agad further claims that “[b]y the manner in which [the BKC representative] held the document, [he] could only read the title and saw that in fact the document was called a cancellation of lease.” According to Agad, before signing the last page he asked for but was not given the full agreement. Both Agad and Balagamwala admit, however, that they again consulted their counsel, G. Michael Smith, before signing the release. In fact, they concede that Mr. Smith instructed them to execute the agreement, which he then notarized. 42. As a matter of law, “[n]o party to a written contract ... can defend against its enforcement on the sole ground that he signed it without reading it.” Allied Van Lines, Inc. v. Bratton, 351 So.2d 344, 348 (Fla.1977) (citing All Florida Surety Co. v. Coker, 88 So.2d 508 (Fla.1956)); see also Credit Alliance Corp. v. Westland Machine Co., 439 So.2d 332, 333 (Fla. 3d DCA 1983); Pepper v. First Union Nat’l Bank, 605 So.2d 1016, 1017 (Fla. 1st DCA 1992). Thus, “a releasor cannot avoid the effect of a release by stating that he did not read it before signing.” Griffin Builders Supply, Inc. v. Jones, 384 So.2d 266, 266 (Fla. 2d DCA 1980). 43. This Court was faced with virtually identical facts in Zelman v. Cook, 616 F.Supp. 1121 (S.D.Fla.1985). In Zelman, a former shareholder of Cilco, Inc. (“Cileo”) brought suit against the corporation’s former shareholders, officers and directors alleging violations of the Florida and federal securities laws, state common law and the Florida Anti-Fencing Act. The defendants asserted that the plaintiffs claims were barred by a waiver and release document which, much as here, the plaintiff claimed he signed as a result of fraudulent inducement. Noting that the parties were in an adversarial posture at the time the release was executed, this Court concluded that “Plaintiff has failed to establish any right to rely, or actual reli-anee, on the alleged misrepresentations and that the release was not induced through fraud.” Id. at 1134. 44. As this Court noted in Zelman, in Pettinelli v. Danzig, 722 F.2d 706, 710 (11th Cir.1984), the Eleventh Circuit set forth several' factors “which vitiate any right to rely on representations in a situation involving a release agreement, including (1) the fact that both parties are aware that they are in an adversarial relationship, and (2) that the party signing the release is represented by counsel, and (3) that the releasor knew from prior dealings that he should not rely on [defendant’s] statements, and (4) that the releasor did not demand inquiry into relevant materials before signing the release and did not insist that any terms to protect him be inserted in writing into the release.” Zelman v. Cook, supra, 616 F.Supp. at 1133. As was the case in Zelman, each of these factors is present here. 45. It is undisputed that plaintiffs were represented by counsel. It is further undisputed that by May of 1988 when they executed the release, a hostile or adversarial relationship existed between Agad and Balagamwala and BKC. It is settled that a party “is not entitled to rely blindly on the opposing party’s representations where ... the relationship between the parties has been plagued with distrust.” Pieter Bakker Management, Inc. v. First Fed. Sav. & Loan Ass’n, 541 So.2d 1334, 1335 (Fla. 3d DCA 1989); see also Uvanile v. Denoff, 495 So.2d 1177, 1180 (Fla. 4th DCA 1986). Where a hostile and antagonistic relationship exists between the parties, reliance on any alleged misrepresentations is unreasonable as a matter of law. See Pepper v. First Union Nat’l Bank, supra, 605 So.2d at 1017. In Zelman, this Court noted that the plaintiffs relationship with the defendants was so plagued with distrust that he began recording shareholder meetings. It is of striking significance here that as the plaintiff did in Zelman, Agad admittedly began recording his telephone conversations with various BKC employees in 1987, a year before he executed the 1988 Release. Agad and Balagamwala readily admit that by 1988, they “realized that [they] had been lied to all along” by BKC. If, as Agad and Balagamwala now assert, they relied on BKC’s alleged misrepresentation concerning the terms of the 1988 Release, their reliance was unjustifiable as a matter of law. 46. When the parties first appeared before this Court on BKC’s Motion for Summary Judgment on April 15, 1994, plaintiffs’ counsel urged this Court to treat the Motion as premature so that plaintiffs could take additional discovery regarding the releases in order to satisfy their burden of proving fraudulent inducement. See East Bay Ltd. Partnership v. American Gen. Life & Accident Ins. Co., 744 F.Supp. 1118, 1122 (M.D.Fla.1990) (the burden of proving fraudulent inducement lies with the party asserting it), aff'd, 937 F.2d 619 (11th Cir.1991); Jet Engine Support, Inc. v. Jet Research, Inc., 474 So.2d 337, 339 (Fla. 3d DCA 1985), review denied, 484 So.2d 9 (Fla.1986). However, following that hearing, plaintiffs took no additional discovery with respect to the circumstances surrounding the execution of the 1988 (or any other) Release, including the deposition of G. Michael Smith or any of the former employees of BKC who allegedly misled them to sign the releases. While plaintiffs’ counsel argued that he sought to depose a “corporate representative” of BKC on this issue, plaintiffs admittedly did not seek to depose the former employees of BKC who they allege are the persons who misled them to sign the releases and who would have knowledge regarding this issue. Nor did plaintiffs submit any additional evidence to the Court in support of their claim of fraudulent inducement. 47. In short, plaintiffs have presented no proof in support of their assertion that they were fraudulently induced to execute the 1988 and 1987 Releases. Given this complete lack of proof, BKC is entitled to summary judgment on the issue of the releases. See East Bay Ltd. Partnership v. American Gen. Life & Accident Ins. Co., supra, 744 F.Supp. at 1122 (granting defendant’s motion for summary judgment where plaintiff failed to adduce adequate evidence in support of his assertion that he was fraudulently induced into executing a loan agreement). B. Summary Judgment Is Also Proper On The Basis Of The Doctrine of Res Judicata 48. BKC further argues that Judge Shoob's May 19,1994 Order dismissing Agad and Balagamwala’s counterclaims in the Atlanta action is res judicata in this action. Essentially, BKC argues that since their claims have already been dismissed by another federal court on the merits and with prejudice, Agad and Balagamwala cannot get a “second bite at the apple” in this Court. 49. The doctrine of res judicata bars relitigation of all matters decided in a prior proceeding if: “(1) the prior decision was rendered by a court of competent jurisdiction; (2) there was a final judgment on the merits; (3) the parties were identical in both suits; and (4) the prior and present causes of action are the same.” Israel Discount Bank, Ltd. v. Entin, 951 F.2d 311, 314 (11th Cir.1992); see also Citibank, N.A. v. Data Lease Fin. Corp., 904 F.2d 1498, 1501 (11th Cir.1990). Here, all four factors are satisfied. 50. First, the court that rendered the decision in the Atlanta action is a court of competent jurisdiction. Second, a dismissal on grounds of the statute of limitations is a final adjudication on the merits. See Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc., 880 F.2d 818, 820 (5th Cir.1989); Nilsen v. City of Moss Point, 701 F.2d 556, 562 (5th Cir.1983); Shoup v. Bell & Howell Co., 872 F.2d 1178, 1180 (4th Cir.1989); PRC Harris, Inc. v. Boeing Co., 700 F.2d 894, 896 (2d Cir.), cert. denied, 464 U.S. 936,104 S.Ct. 344, 78 L.Ed.2d 311 (1983). Third, the parties in this and the Atlanta action are identical. Finally, the causes of action dismissed in the Atlanta action are the same as those asserted herein. “[C]ases involve the same cause of action for purposes of res judicata if the present case ‘arises out of the same nucleus of operative fact, or is based upon the same factual predicate, as a former action.’ ” Israel Discount Bank, Ltd. v. Entin, supra, 951 F.2d at 315 (quoting Citibank, N.A. v. Data Lease Fin. Corp., supra, 904 F.2d at 1503). Here, even a cursory review of the pleadings in this and the Atlanta actions reveals that Agad and Balagamwala’s claims are not only identical in name, but in substance. Notably, plaintiffs’ counsel acknowledged at oral argument before this Court on April 10, 1995 that the claims in both actions are substantially identical. Moreover, “it is black-letter law that res judicata ... bars all claims that were or could have been advanced in support of the cause of action on the occasion of its former adjudication [citations omitted], not merely those that were adjudicated.” Nilsen v. City of Moss Point, supra, 701 F.2d at 560 (emphasis in original); see Kelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 985 F.2d 1067, 1070 (11th Cir.), cert. denied, — U.S. -, 114 S.Ct. 600, 126 L.Ed.2d 565 (1993); Restatement (Second) of Judgments § 24 (1982). 51. Relying on Henson v. Columbus Bank & Trust Co., 651 F.2d 320 (5th Cir.1981), Agad and Balagamwala have argued that the dismissal of their claims based on the statute of limitations in the Atlanta action is not res judicata here. However, plaintiffs’ reliance on Henson is misplaced. In Henson, the plaintiff had brought an action alleging federal and state claims in Georgia federal court. The federal court, however, refused to exercise pendant jurisdiction over the plaintiffs state law claims and the plaintiff filed suit in Georgia state court. Those claims were subsequently dismissed as time-barred. The plaintiff then filed a motion in federal court, requesting that the court reconsider its prior decision rejecting pendant jurisdiction over the plaintiffs state law claims. The court refused to do so on the grounds of res judicata The Fifth Circuit reversed, holding that the state court’s dismissal of the plaintiffs claims on statute of limitations grounds did not bar the federal court from hearing the claims. 52. Henson’s holding, that the dismissal on grounds of statute of limitations was not an adjudication on the merits and therefore did not bar the subsequent litigation of the dismissed claims, is applicable only with regard to the specific facts of that case — namely, where a state court dismisses an action as time-barred and an action on those claims is subsequently brought in federal court. The interpretation of Henson urged by plaintiffs herein — that a dismissal on statute of limitations grounds by a federal court is not a dismissal on the merits — is plainly erroneous. Indeed, such an interpretation would be contrary to Rule 41(b) of the Federal Rules of Civil Procedure, which establishes that a dismissal based on statutes of limitations grounds is a dismissal on the merits, as well as the decisions of the Supreme Court of the United States, the Fifth Circuit, and every other circuit which has addressed this issue. 58. For example, In Steve D. Thompson Trucking, Inc. v. Dorsey Trailers, Inc., 880 F.2d 818 (5th Cir.1989), the Louisiana federal district court dismissed the plaintiffs’ claims as time-barred. The Mississippi federal district court in which the same claims were also pending subsequently refused to dismiss those claims on res judicata grounds. The Fifth Circuit reversed, holding that the Louisiana court’s dismissal was on the merits and thus was res judicata in the Mississippi court. Holding that it was not controlling, the Fifth Circuit distinguished Henson, explaining that “[i]n Henson, the plaintiff proceeded from ... Georgia state court ... to Georgia federal district court,” while “the plaintiff in the instant case attempted to move from a Louisiana federal district court to a Mississippi federal district court.” Id. at 819. According to the court, this distinction was critical and rendered Henson inapplicable. 54.The rationale for treating a case that had been dismissed by a state court differently from a case that had been dismissed by a federal court is well-established. Rule 41(b) of the Federal Rules of Civil Procedure provides that “a dismissal under this subdivision and any dismissal not provided for in this rule ... operates as an adjudication upon the merits.” Because this Rule does not list statute of limitations among the bases for dismissals that are not considered an adjudication of the merits, a dismissal on limitations grounds is considered a dismissal on the merits. See Shoup v. Bell & Howell Co., 872 F.2d 1178, 1180 (4th Cir.1989). Since Rule 41(b) does not apply in the state courts, dismissals from a state court on limitations grounds are not necessarily res judi-cata with respect to subsequent litigation of those claims in federal court. As has been noted by Professor Moore: Under the traditional view, ... dismissal on the ground of a time bar establishes that the action cannot be brought again in a jurisdiction in which the statute is applicable, but does not adjudicate the merits of the controversy.... This rule remains the prevailing view with regard to judgments rendered in the state courts. When successive actions are brought in the federal courts, however, [this rule] has eroded since the adoption of the Federal Rules. The movement away from the distinction began with the last sentence of Rule 41(b).... 1B James W. Moore, Moore’s Federal Practice ¶ 0.409[6], at 162-63 (1995). 55. Since the instant action involves claims that have already been dismissed by one federal court, that dismissal is on the merits. The doctrine of res judicata therefore precludes this Court from rehearing Agad and Balagamwala’s claims. C. Plaintiffs’ Causes of Action Also Fail To State Claims for Relief 56. In addition to the releases and the doctrine of res judicata, there are additional grounds which support BKC’s Motion. 57. First, plaintiffs’ claim for intentional interference with contractual relations fails to state a cause of action. Agad and Balagamwala allege that BKC interfered with contractual relationships they allegedly had with various buyers and sellers of Burger King® restaurants. (Cplt. ¶ 106.) However, since BKC has the contractual right to approve or disapprove the transfer of any Burger King® franchise, BKC was, by necessity, a party to any alleged agreement plaintiffs had to sell, buy or assign any Burger King® franchise. As set forth more fully below, “a cause of action for interference does not exist against one who is himself a party to the contract allegedly interfered with.” Ethyl Corp. v. Balter, 386 So.2d 1220, 1224 (Fla. 3d DCA 1980) (collecting cases), review denied, 392 So.2d 1371 (Fla.), cert. denied, 452 U.S. 955, 101 S.Ct. 3099, 69 L.Ed.2d 965 (1981). Thus, as a matter of law, a claim does not lie against BKC for tortious interference. See Burger King Corp. v. Collins, Case No. 90-0987-Civ-Aro-novitz, slip op. at 7 (S.D.Fla. June 1, 1994) (“Because any prospective assignment by [the counterclaim plaintiff] required BKC’s consent, BKC was not a disinterested third party but rather the source of the business opportunity [it] allegedly interfered with. Consequently, no claim for tortious interference exists against BKC.”). 58. Nor have Agad and Balagam-wala stated a cause of action under the Florida Franchise Act, Fla.Stat. § 817.416. Agad and Balagamwala allege that BKC violated this Act by misrepresenting the profitability of Restaurant No. 2034 (Cplt. ¶ 126) and the profitability and “appropriate size” for Restaurant No. 5018 (Cplt. ¶ 125). However, plaintiffs’ allegation that BKC misrepresented that Restaurant No. 2034 “would gross at least $1,000,000 in annual gross sales” is flatly contradicted by Agad’s deposition testimony, wherein he admitted that BKC did not furnish him with any projections as to what it believed the future sales would be at that restaurant. Further, Agad and Balagam-wala acquired Restaurant No. 2034 directly from Joe Profit, another BKC franchisee. Since BKC did not sell the restaurant to plaintiffs, the Act is inapplicable. See Schubot v. McDonalds Corp., supra, 757 F.Supp. at 1358 (section 817.416 did not apply because plaintiff purchased restaurant from another franchisee and not from franchisor). 59. With respect to plaintiffs’ claim that BKC misrepresented the appropriate size and profitability of Restaurant No. 5018 (Cplt. ¶ 125), the former allegation does not fall within the scope of representations prohibited under the Florida Franchise Act and the latter states no cause of action. In order to recover under section 817.416, a franchisee must demonstrate “proof of intentional words or conduct by the franchisor, concerning the prospects or chances of success of the enterprise, which were relied upon by the franchisee to his detriment, and which are not in accordance with the facts.” Travelodge Int'l, Inc.. v. Eastern Inns, Inc., 382 So.2d 789, 791 (Fla. 1st DCA 1980). As a matter of law, Agad and Balagamwala could not have justifiably relied upon any alleged misrepresentations by BKC concerning the prospects of success of Restaurant No. 5018. That is because the franchise agreement for Restaurant No. 5018 unambiguously provides, in paragraph F, that plaintiffs were “entering into this Agreement after having made an independent investigation of BKC’s operations and not upon any representation as to the profits and/or sale volume which FRANCHISEE might be expected to realize, nor upon any representations or promises by BKC which are not contained in this Agreement.” As the Court stated in Schubot v. McDonalds Corp., 757 F.Supp. 1351 (S.D.Fla.1990), “[i]n Florida, it is well settled that representations which are made before or during the signing of a contract ... ‘are presumed to. have merged in the written agreement.’ ” Id. at 1358 (quoting First Union Discount Brokerage Serv. v. Milos, 744 F.Supp. 1145, 1153 (S.D.Fla.1990)). Here, to the extent any representations as to the profitability of the restaurant were made, they were made before the execution of the parties’ franchise agreement (see Cplt. ¶ 65), are considered merged therein and, as such, could not have been relied upon by the plaintiffs. See Saunders Leasing Sys., Inc. v. Gulf Cent. Distrib. Ctr., Inc., 513 So.2d 1303, 1306 (Fla. 2d DCA 1987). 60. Agad’s and Balagamwala’s claim for rescission is similarly flawed. First, Agad and Balagamwala have not alleged the absence of an adequate remedy at law. “[A] fundamental requirement for rescission of a contract is that the moving party has no adequate remedy at law.” Collier v. Boney, 525 So.2d 971, 972 (Fla. 1st DCA 1988); see also Duncan Properties, Inc. v. Key Largo Ocean View, Inc., 360 So.2d 471 (Fla. 3d DCA), appeal dismissed, 362 So.2d 1054 (Fla.1978). The failure to adequately allege this element warrants the dismissal of the claim. Capital Factors, Inc. v. Heller Fin., Inc., 712 F.Supp. 908, 915 (S.D.Fla.1989). Second, the “various false statements” which Agad and Balagamwala allege BKC made in connection with the sale of Restaurant No. 783, and which plaintiffs claim warrant the rescission of the agreements executed in connection therewith, are precisely the same “false statements” which allegedly form the basis of their fraud claim. Hence, even had plaintiffs alleged the absence of an adequate remedy at law, their own complaint demonstrates that they have an adequate remedy at law. Since the “Florida courts recognize the general rule that where a complaint shows on its face that there exists an adequate remedy at law, there is no jurisdiction in equity” (McNorton v. Pan Am. Bank of Orlando, N.A., 387 So.2d 393, 399 (Fla. 5th DCA 1980), review denied, 392 So.2d 1377 (Fla.1981)), this claim too must be dismissed. 61. Nor does plaintiffs’ claim for promissory estoppel state a cause of action. To state a cause of action for promissory estoppel, Agad and Balagamwala must show that they reasonably relied on promises allegedly made by BKC. See W.R. Grace & Co. v. Geodata Servs., Inc., 547 So.2d 919, 924 (Fla.1989) (citing Restatement (Second) of Contracts § 90). This they cannot do. In connection with their alleged development of the Bouldercrest site, Agad and Balagamwa-la assert that they received notification from BKC that they had been given franchise approval for this site. While plaintiffs allege that they entered into a preliminary agreement entitling them to proceed with the development of this site, they have come forward with no such evidence on this Motion. Further, as BKC argues, the standard BKC preliminary agreement provides that franchise approval for a site is merely “conditional” and subject to cancellation for a host of reasons. It has long been held that indefinite promises such as these cannot form the basis of a promissory estoppel claim. See W.R. Grace & Co. v. Geodata Servs., Inc., supra, 547 So.2d at 924 (collecting cases). 62. As to the allegation that BKC had allowed Agad and Balagamwala to investigate and prepare for the development of “three other sites” (Cplt. ¶ 136), this claim is wholly unsupported and violates the Florida Statute of Frauds. Fla.Stat.Ann. § 725.01. “Under well-settled Florida law, the statute of frauds bars the enforcement of a contract when the parties intended and contemplated that performance of the agreement would take longer than one year.” Dwight v. Tobin, 947 F.2d 455, 459 (11th Cir.1991). Here, since the standard Burger King® Franchise Agreement provides for a franchise term of twenty (20) years, the purported “promises” BKC made regarding the development of these unidentified sites could not be performed within one year. Since the principle of promissory estoppel may not be invoked to circumvent the statute of frauds (see W.R. Grace & Co. v. Geodata Servs., Inc., supra, 547 So.2d at 924; Coral Way Properties, Ltd. v. Roses, 565 So.2d 372, 373 (Fla. 3d DCA 1990)), and since an agreement that violates the statute of frauds “affords no legal or contractual rights” (Dwight v. Tobin, supra, 947 F.2d at 460), this claim must be dismissed. 63. Finally, Agad and Balagamwala also assert a violation of RICO. However, in addition to failing to set forth the most basic information—namely, what section of the RICO statute BKC allegedly violated (see Reynolds v. East Dyer Dev. Co., 882 F.2d 1249 (7th Cir.1989); H.G. Gallimore, Inc. v. Abdula, 652 F.Supp. 437, 443 (N.D.Ill.1987))—plaintiffs have failed to adequately allege or establish the “pattern of racketeering activity” required under 18 U.S.C. §§ 1962(a)-(d). Plaintiffs’ racketeering claim is based solely on their allegation that BKC removed the equipment at Restaurant No. 783 just prior to their taking possession of the restaurant in February 1986. According to plaintiffs, BKC’s alleged illegal activity took place over a period of less than seven (7) weeks, since plaintiffs were first offered the restaurant in January 1986. (Cplt. ¶ 60.) As the Supreme Court has stated, “[predicate acts extending over a few weeks or months and threatening no future criminal conduct” do not satisfy RICO’s continuity requirement. H.J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 242, 109 S.Ct. 2893, 2902, 106 L.Ed.2d 195 (1989) (emphasis added). Indeed, the Eleventh Circuit recently affirmed the dismissal of a RICO claim on the ground that the defendant’s alleged illegal activity, which was accomplished in approximately six months, was far “too short a period of time ... to qualify as a pattern of racketeering activity.” Aldridge v. Lily-Tulip, Inc., 953 F.2d 587, 593 (11th Cir.1992). 64. Plaintiffs attempt to create a “pattern of racketeering” by making the conclusory claim that “BKC’s conduct in defrauding franchisees ... is a continuing and ongoing practice.” (Cplt. ¶ 144.) However, this sort of conclusory allegation, unsupported by facts, will not suffice to overcome a well-supported Motion for Summary Judgment. See Jennings v. Emry, 910 F.2d 1434, 1439 (7th Cir.1990); Trundy v. Strumsky, No. 92-1056, 1992 WL 212189 (1st Cir. Sept. 3, 1992); Koulouris v. Estate of Chalmers, 790 F.Supp. 1372, 1377 (N.D.Ill.1992); Comwest, Inc. v. American Operator Servs., Inc., 765 F.Supp. 1467, 1477 (C.D.Cal.1991); Lou v. Belzberg, 728 F.Supp. 1010, 1027 (S.D.N.Y.1990); Myers v. Finkle, 758 F.Supp. 1102, 1113 (E.D.Va.1990), rev’d in part on other grounds, 950 F.2d 165 (4th Cir.1991). Further, the allegations of plaintiffs’ own complaint belie this assertion. On the same day they purchased Restaurant No. 783, Agad and Balagamwala also purchased Restaurant No. 846 from BKC. Yet, plaintiffs do not allege that any equipment was removed from that restaurant. Nor do they allege that BKC switched or removed the equipment at any of the other restaurants they purchased from BKC. BKC has thousands of restaurants in all 50 states and in numerous foreign countries. An allegation such as plaintiffs’, which relates to actions purportedly taken at one (1) of those restaurants eight (8) years ago, falls far short of the “long-term criminal conduct” the Supreme Court stated was necessary to establish a threat of continued racketeering activity. See H.J. Inc. v. Northwestern Bell Tel. Co., supra, 492 U.S. at 242-43, 109 S.Ct. at 2902-03. II. BKC’S MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO THE CLAIMS OF PLAINTIFFS JORGE, JAIME AND MANUEL TRIAN A 65. The Trianas assert claims against BKC for violation of the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982, and for intentional interference with contractual relations. The gravamen of their complaint is that BKC has allegedly discriminated by (i) franchising them to operate Burger King® restaurants only in low income, minority areas in Chicago (Cplt. ¶¶ 37-38); (ii) not approving them to purchase additional Burger King® restaurants in Florida and Illinois between 1982 and 1984 (Cplt. ¶¶ 40-47), and (iii) charging them one-half percent Qk%) more than BKC charges other franchisees for rent, royalties and advertising contributions under the parties’ respective franchise and lease agreements. (Cplt. ¶ 50.) FINDINGS OF FACT 66. It is undisputed that the Trianas purchased each of their Burger King® restaurants (Restaurant Nos. 147, 1136 and 1398) in 1980 and 1981. It is further undisputed that the Trianas did not purchase their Burger King® restaurants from BKC. Rather, the Trianas purchased each of their Burger King® restaurants from Chart House, Inc. (“Chart House”), itself a franchisee of BKC. Chart House, in turn, subfranchised the Tria-nas to operate the restaurants BKC had franchised to Chart House. Manuel Triana readily admitted these facts at his deposition.