On what date did the plaintiff in the Amorino lawsuit dismiss the lawsuit with prejudice?
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 Amorino's 2025 Franchise Disclosure Document, a lawsuit filed on December 13, 2022, by Capernaum Capital, LLC, against Minus Zero4 F, LLC, Amorino Trading, LLC, and others, was dismissed with prejudice on February 24, 2023. The lawsuit included allegations of Rescission of the Franchise Agreement, Fraudulent Misrepresentation, and Breach of Contract, among other claims. The plaintiff sought declaratory relief and unspecified damages.
Amorino Trading LLC and Minus Zero4 F, LLC reached a Settlement Agreement with the plaintiff on February 16, 2023. As part of the agreement, the plaintiff 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 dismissal with prejudice means that the plaintiff, Capernaum Capital, LLC, cannot refile the same lawsuit against Amorino or the other defendants based on the same claims. This resolution concludes the legal dispute between the parties, as outlined in the FDD.