What was the date that the Amorino franchisee filed a lawsuit?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
ITEM 3 LITIGATION
On December 13, 2022, a franchisee located in New Orleans, Capernaum Capital, LLC, filed a lawsuit in United States District Court for the Eastern District of Louisiana, Case No. 22-5271, against Minus Zero4 F, LLC ("Minus Zero"), Amorino Trading, LLC, Filippo Saccani, and Luigi Caroggio. The lawsuit did not name CPUSA LLC as a defendant. Minus Zero4 F, LLC and Amorino Trading LLC are affiliates of CPUSA LLC in that they are all owned by Amorino USA Corp. Saccani and Caroggio are former indirect owners and officers of Minus Zero4 F, LLC. In the lawsuit, the plaintiff alleged causes of action for Rescission of the Franchise Agreement; Declaratory Judgement (against Minus Zero); Fraudulent Misrepresentation (against Minus Zero, Saccani, and Caroggio), Fraudulent Misrepresentation (against Minus Zero, Saccani, and Caroggio); Negligent Misrepresentation (against Minus Zero, Saccani, and Caroggio); Violation of the New York Franchise Sales Act (against Minus Zero, Saccani, and Caroggio); Violations of the Louisiana Unfair Trade Practices and Consumer Protection Act (against Minus Zero), Breach of Contract (against Minus Zero and Amorino Trading) and Promissory Estoppel (against Minus Zero and Amorino Trading). The Complaint sought declaratory relief, and unspecified damages. On February 16, 2023, Minus Zero4 F, LLC and Amorino Trading LLC entered into a Settlement Agreement with the plaintiff and its owners, Adekunle Aderibigbe and Abimbola Aderibigbe, under which the plaintiff franchisee agreed to dismiss the lawsuit with prejudice, the plaintiff agreed to pay Amorino Trading the full sum of monies owed in the amount of $16,906.06, the parties agreed to terminate the Franchise Agreement including the non-competition provisions of the Franchise Agreement, and the parties exchanged mutual general releases. The plaintiff made the settlement payment and the plaintiff dismissed the lawsuit with prejudi
Source: Item 3 — LITIGATION (FDD pages 13–14)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, a franchisee located in New Orleans, Capernaum Capital, LLC, filed a lawsuit on December 13, 2022. The lawsuit was filed in the United States District Court for the Eastern District of Louisiana, Case No. 22-5271, against Minus Zero4 F, LLC, Amorino Trading, LLC, Filippo Saccani, and Luigi Caroggio. It is important to note that CPUSA LLC was not named as a defendant in the lawsuit.
The lawsuit included several causes of action, such as Rescission of the Franchise Agreement, Declaratory Judgement, Fraudulent Misrepresentation, Negligent Misrepresentation, Violation of the New York Franchise Sales Act, Violations of the Louisiana Unfair Trade Practices and Consumer Protection Act, Breach of Contract, and Promissory Estoppel. The plaintiff sought declaratory relief and unspecified damages.
On February 16, 2023, a settlement agreement was reached between Minus Zero4 F, LLC, Amorino Trading LLC, and the plaintiff franchisee, including its owners, Adekunle Aderibigbe and Abimbola Aderibigbe. As part of the settlement, the franchisee agreed to dismiss the lawsuit with prejudice, pay Amorino Trading $16,906.06, terminate the Franchise Agreement (including non-competition provisions), and exchange mutual general releases. The plaintiff made the settlement payment and dismissed the lawsuit with prejudice on February 24, 2023.