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PF drops suit, pays Cole undisclosed sum

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Jason Cole (Lebanon Voice file photo)

PORTLAND, Maine - In what appears to be a stunning reversal, Planet Fitness has dropped in full and perpetuity its lawsuit against former payroll manager Jason Cole and paid him an undisclosed amount of money as part of the settlement.

Cole, a former controversial selectman and assistant rescue chief in Lebanon, called the decision a "full reversal" in an interview with the Portland Press Herald on Monday.

Cole, of Depot Road, Lebanon, was originally served with the temporary restraining order around Aug. 11.

The 11-page complaint asked 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.

Cole had worked at the Planet Fitness corporate headquarters in Newington, N.H.

The parent company of the chain, Pla-Fit Franchise LLC, had accused Cole of stealing "highly sensitive personal and financial information" about Planet Fitness employees in his role as payroll manager.

The lawsuit came just days after Planet Fitness went public on the New York Stock Exchange.

As detailed in the original complaint, Cole 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 claimed Cole's actions cost the company in excess of $5,000 and that it would "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.

As part of the settlement, both sides have agreed to keep details private.

Cole said he hasn't been able to get full-time work since Planet Fitness filed the lawsuit because of the public stigma of the false accusations against him.

As part of the settlement, however, Cole will not return to work for Planet Fitness.

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