When is the currently scheduled trial date for the Mecklenburg County Case involving Bojangles, and what is the expectation regarding this date?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
We and BRI filed the Mecklenburg County Case on April 19, 2024 against the BFA's accounting firm, Berkowitz Pollack Brant, for violating a Confidential Disclosure Agreement with BRI, against the BFA for tortiously interfering with the Confidential Disclosure Agreement by inducing the accounting firm to share our confidential information with the BFA in violation of the Confidential Disclosure Agreement, and against both the accounting firm and the BFA for conspiring to violate the Confidential Disclosure Agreement. The accounting firm and the BFA both filed motions to dismiss the Mecklenburg County Case. On October 10, 2024, the court issued an order denying the accounting firm's motion to dismiss, and on November 6, 2024, the court issued an order denying the BFA's motion to dismiss. Trial is currently scheduled for July 7, 2025, but we expect this date to be continued in light of the failure of the BFA and Berkowitz Pollack Brant to produce documents and information in discovery. We intend to vigorously pursue our claims in the Mecklenburg County Case.
Source: Item 3 — LITIGATION (FDD pages 15–17)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, the trial for the Mecklenburg County Case is currently scheduled for July 7, 2025. However, Bojangles anticipates that this date will be changed. This expectation stems from the assertion that the Bojangles' of America Franchisee Association (BFA) and Berkowitz Pollack Brant have not yet produced all required documents and information during the discovery phase of the litigation.
This ongoing litigation and the potential delay in the trial date could have implications for prospective franchisees. Litigation can be costly and time-consuming, potentially diverting resources and attention from the core business operations of Bojangles. While Bojangles intends to vigorously pursue its claims, the outcome of the case is uncertain, and delays could prolong any associated disruptions or financial burdens.
For a prospective franchisee, it is important to monitor the progress of this litigation and understand its potential impact on Bojangles' financial stability and brand reputation. Further, it would be prudent to inquire with Bojangles about the specific reasons for the discovery delays and what steps are being taken to resolve them. Understanding the potential ramifications of the litigation can help a franchisee make an informed decision about investing in a Bojangles franchise.