Aviano Coffee’s location at 244 Detroit St. in Cherry Creek North. (BusinessDen file)
The aborted sale of a $3 million property in Cherry Creek is the subject of dueling lawsuits involving the neighborhood’s best-known developer and a popular coffee shop.
Doug and Saadia Naiman opened their first Aviano Coffee in 2006 and moved it to 244 Detroit St. in 2013. In 2018, they opened a second location at 215 Saint Paul St.
Around that time, the Naimans sold a stake in Aviano to developer Matt Joblon and Dan Vecchiarelli, an executive with Denver-based Leprino Foods. In 2020, the couple sold another stake to Juan Padro, a local restaurateur, and agreed to let him run the coffee shops. The deals left the Naimans with a 20-percent minority stake.
This is where the story told by the Naimans diverges from that told by Joblon.
Local attorney Andy Stathopulos and members of his family own the 244 Detroit St. property. Under its lease, Aviano had a right of first offer, meaning that Stathopulos had to let the coffee shop make an offer before selling to someone else. That right expired in August 2022.
In Joblon’s version of events, outlined in a lawsuit filed by the business, Doug Naiman “grew resentful” of Aviano’s success under Joblon and Padro’s management, so Naiman hatched a plan “to secretly purchase the property” by hiding the fact that Aviano had a right of first offer. Joblon found out about the right anyway and told Naiman to make an offer on behalf of Aviano, but Naiman never did.
In the Naimans’ version of events, Joblon knew about the right of first offer but refused to buy the building — which is about 2,000 square feet, per property records — because he believed Stathopulos’ $3 million asking price was too much. After Joblon declined, the Naimans agreed to purchase it for $3 million.
Reached by phone Tuesday, Stathopulos recalled receiving an unsolicited offer for the property and then, because of the right of first offer, reaching out to Naiman to see if Aviano wanted to buy it. Stathopulos said he has “always had a great relationship with Doug.”
“Doug let us know that he wasn’t solely the owner of Aviano Coffee and said he would take that (offer) to ownership so ownership could act on it,” Stathopulos said.
When Stathopulos didn’t hear back from Aviano’s majority owners, he agreed to sell to Naiman.
All sides say that Naiman planned to buy 244 Detroit for $3 million and then quickly sell it to a neighboring property owner for $4.8 million. They disagree about why he didn’t.
As the Naimans tell it, Joblon scuttled the purchase by refusing to sign an estoppel certificate — paperwork that tenants complete before a real estate sale — unless the Naimans cut Joblon in on the suddenly profitable real estate deal. The Naimans say they refused to take part in this “shakedown,” so Joblon threatened to sue, scaring away the Stathopuloses.
“The sellers no longer intend to sell the property and the opportunity which Joblon sought to steal for himse lf no longer exists,” the Naimans wrote in their lawsuit.
As Joblon tells it, the anonymous neighbor who was going to buy 244 Detroit St. for $4.8 million “grew skeptical of Naiman and his motives and backed out of the deal” after learning of Naiman’s “self-dealing” and “usurpation” of Aviano’s right of first offer. That neighbor had assumed Joblon was involved with or at least aware of the flip.
“I’m not sure if he had the financing or not,” Stathopulos says of Naiman, “but his financing was contingent upon getting a tenant estoppel and he couldn’t. So, he terminated the contract.”
Joblon declined to comment about the dispute, citing company policy.
The Naimans sued Joblon in February for intentional interference with a contract and intentional interference with prospective business relations. In his April response, Joblon denied interfering with their attempts to purchase 244 Detroit St. The case is now in discovery.
Aviano Coffee — essentially Joblon, Vecchiarelli and Padro — sued Doug Naiman and his companies July 28 for breach of fiduciary duties, aiding and abetting breach of fiduciary duties, breach of an agreement and intentional interference with a prospective business advantage. In addition to monetary damages, they want a Denver judge to rule that Naiman can’t use Aviano’s intellectual property.
“Aviano’s complaint contradicts itself and is, to be blunt, baseless,” said Ben Hudgens, a lawyer for the Naimans. “This is just the latest instance of Mr. Joblon’s attempts to distract from, and to evade accountability for, his misconduct, as detailed in (the) Feb. 13 complaint.”
The Naimans are represented by Hudgens and Michael Mulvania with the Richards Carrington law firm in Denver.
Joblon’s lawyers are Nicholas DeWeese and Peter Koclanes with Sherman & Howard’s Denver office. Aviano is represented by Brad Schacht and David Brewster from the law firm Otten, Johnson, Robinson, Neff & Ragonetti in Denver.
Aviano Coffee’s location at 244 Detroit St. in Cherry Creek North. (BusinessDen file)
The aborted sale of a $3 million property in Cherry Creek is the subject of dueling lawsuits involving the neighborhood’s best-known developer and a popular coffee shop.
Doug and Saadia Naiman opened their first Aviano Coffee in 2006 and moved it to 244 Detroit St. in 2013. In 2018, they opened a second location at 215 Saint Paul St.
Around that time, the Naimans sold a stake in Aviano to developer Matt Joblon and Dan Vecchiarelli, an executive with Denver-based Leprino Foods. In 2020, the couple sold another stake to Juan Padro, a local restaurateur, and agreed to let him run the coffee shops. The deals left the Naimans with a 20-percent minority stake.
This is where the story told by the Naimans diverges from that told by Joblon.
Local attorney Andy Stathopulos and members of his family own the 244 Detroit St. property. Under its lease, Aviano had a right of first offer, meaning that Stathopulos had to let the coffee shop make an offer before selling to someone else. That right expired in August 2022.
In Joblon’s version of events, outlined in a lawsuit filed by the business, Doug Naiman “grew resentful” of Aviano’s success under Joblon and Padro’s management, so Naiman hatched a plan “to secretly purchase the property” by hiding the fact that Aviano had a right of first offer. Joblon found out about the right anyway and told Naiman to make an offer on behalf of Aviano, but Naiman never did.
In the Naimans’ version of events, Joblon knew about the right of first offer but refused to buy the building — which is about 2,000 square feet, per property records — because he believed Stathopulos’ $3 million asking price was too much. After Joblon declined, the Naimans agreed to purchase it for $3 million.
Reached by phone Tuesday, Stathopulos recalled receiving an unsolicited offer for the property and then, because of the right of first offer, reaching out to Naiman to see if Aviano wanted to buy it. Stathopulos said he has “always had a great relationship with Doug.”
“Doug let us know that he wasn’t solely the owner of Aviano Coffee and said he would take that (offer) to ownership so ownership could act on it,” Stathopulos said.
When Stathopulos didn’t hear back from Aviano’s majority owners, he agreed to sell to Naiman.
All sides say that Naiman planned to buy 244 Detroit for $3 million and then quickly sell it to a neighboring property owner for $4.8 million. They disagree about why he didn’t.
As the Naimans tell it, Joblon scuttled the purchase by refusing to sign an estoppel certificate — paperwork that tenants complete before a real estate sale — unless the Naimans cut Joblon in on the suddenly profitable real estate deal. The Naimans say they refused to take part in this “shakedown,” so Joblon threatened to sue, scaring away the Stathopuloses.
“The sellers no longer intend to sell the property and the opportunity which Joblon sought to steal for himse lf no longer exists,” the Naimans wrote in their lawsuit.
As Joblon tells it, the anonymous neighbor who was going to buy 244 Detroit St. for $4.8 million “grew skeptical of Naiman and his motives and backed out of the deal” after learning of Naiman’s “self-dealing” and “usurpation” of Aviano’s right of first offer. That neighbor had assumed Joblon was involved with or at least aware of the flip.
“I’m not sure if he had the financing or not,” Stathopulos says of Naiman, “but his financing was contingent upon getting a tenant estoppel and he couldn’t. So, he terminated the contract.”
Joblon declined to comment about the dispute, citing company policy.
The Naimans sued Joblon in February for intentional interference with a contract and intentional interference with prospective business relations. In his April response, Joblon denied interfering with their attempts to purchase 244 Detroit St. The case is now in discovery.
Aviano Coffee — essentially Joblon, Vecchiarelli and Padro — sued Doug Naiman and his companies July 28 for breach of fiduciary duties, aiding and abetting breach of fiduciary duties, breach of an agreement and intentional interference with a prospective business advantage. In addition to monetary damages, they want a Denver judge to rule that Naiman can’t use Aviano’s intellectual property.
“Aviano’s complaint contradicts itself and is, to be blunt, baseless,” said Ben Hudgens, a lawyer for the Naimans. “This is just the latest instance of Mr. Joblon’s attempts to distract from, and to evade accountability for, his misconduct, as detailed in (the) Feb. 13 complaint.”
The Naimans are represented by Hudgens and Michael Mulvania with the Richards Carrington law firm in Denver.
Joblon’s lawyers are Nicholas DeWeese and Peter Koclanes with Sherman & Howard’s Denver office. Aviano is represented by Brad Schacht and David Brewster from the law firm Otten, Johnson, Robinson, Neff & Ragonetti in Denver.
