Buffalo’s Cafe litigation history

The franchisor

Concluded (2)

• Tatum Global Services, LLC, Cory Tatum and Twyla Tatum vs. Fatburger North America, Inc. and Buffalo's Franchise Concepts, Inc.

  settled

  Brought by a franchisee · filed 2024-01-29 · United States District Court for the Eastern District of Virginia (removed from The Circuit Court for Prince William County, Virginia; arbitration AAA Case No. 01-24-0005-3846) · 1:24-cv-354

  “Tatum Global Services, LLC, Cory Tatum and Twyla Tatum vs. Fatburger North America, Inc. and Buffalo’s Franchise Concepts, Inc. (United States District Court for the Eastern District of Virginia, Case No. 1:24- cv-354: Fatburger and BFCI entered into franchise agreements with Tatum Global Services, LLC”Page 18 of the 2025 FDD, Item 3

  Outcome: “Pursuant to the settlement, Fatburger and BFCI, collectively, paid $40,000 to the Tatums’ bankruptcy estate, and in exchange the parties mutually released any and all claims against each other. Further, the arbitration and U.S. District Court – Eastern District of Virginia action were dismissed, with prejudice.” (page 19)

• P&K Food Market, Inc. vs. Buffalo's Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, Andy Wiederhorn et al.

  dismissed

  Brought by a franchisee · filed 2018-07-13 · Superior Court of California for the County of Los Angeles · 18STLC09534

  “P&K Food Market, Inc. vs. Buffalo’s Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, Andy Wiederhorn et al.,. Superior Court of California for the County of Los Angeles, Case No. 18STLC09534 (July 13, 2018). On July 13, 2018, P&K Food Market, Inc. (“P&K”) filed a complaint against Buffalo’s Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, and Andy Wiederhorn”Page 20 of the 2025 FDD, Item 3

  Outcome: “The lawsuit seeks general damages, special damages, punitive damages, restitution, interest, costs and attorneys’ fees and costs related to the alleged unlawful sale of the Palmdale restaurant. The case was dismissed on February 13, 2019.”

Parent, affiliates, master franchisor and subfranchisor

Pending (1)

• Mitchell Kates v. FAT Brands, Inc., Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen

  pending

  FAT Brands, Inc. ("FAT"), of which the franchisor is a wholly-owned subsidiary through FAT Brands Royalty I, LLC, its immediate direct parent (Item 1, p.10) · filed 2024-06-07 · United States District Court for the Central District of California · 2:24-cv-04775-MWF-MAA

  “… (United States District Court for the Central District of California, Case No. 2:24-cv-04775-MWF-MAA) On June 7, 2024, plaintiff Mitchell Kates, a putative investor in FAT, filed a putative class action lawsuit against”Page 18 of the 2025 FDD, Item 3

Concluded (6)

• Robert J. Matthews, et al., v. FAT Brands, Inc., Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick

  settled

  FAT Brands, Inc. ("FAT"), of which the franchisor is a wholly-owned subsidiary through FAT Brands Royalty I, LLC, its immediate direct parent (Item 1, p.10) · filed 2022-03-18 · United States District Court for the Central District of California · 2:22-cv-01820

  “… (United States District Court for the Central District of California, Case No. 2:22-cv-01820). On March 18, 2022, plaintiff Robert J. Matthews, a putative investor in the Company, filed a putative class action lawsuit against the Company”Page 19 of the 2025 FDD, Item 3

  Outcome: “Pursuant to the settlement, FAT agreed to pay on behalf of the defendants $2,500,000 in cash and $500,000 in Class A common stock of FAT to the class plaintiffs, the plaintiffs released all claims against the defendants, and the case was dismissed with prejudice in February 2023.”

  Within this matter, as the filing narrates it

  • Kerry Chipman putative securities class action (consolidated with Matthews under the caption In re FAT Brands Inc. Securities Litigation)

    settled

    Brought by a third party · names the parent company · FAT Brands, Inc. ("FAT"), of which the franchisor is a wholly-owned subsidiary through FAT Brands Royalty I, LLC, its immediate direct parent (Item 1, p.10) · filed 2022-04-25 · United States District Court for the Central Division of California

    “On April 25, 2022, Kerry Chipman, another putative investor in the Company, filed a second putative class action lawsuit against the Company, Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick in the United States District Court for the Central Division of California, asserting substantially the same claims as those made by Matthews”Page 19 of the 2025 FDD, Item 3

  Counted as one matter, the way Item 3 groups it.

• Ieman Shahi vs. Fatburger North America, Inc., Andrew Alan Wiederhorn, Taylor Andrew Wiederhorn, et al

  dismissed

  Brought by a franchisee · Fatburger North America, Inc. ("FBNA"), an affiliate · filed 2019-07-08 · Superior Court for the State of California for the County of Los Angeles · 19STCV23772

  “… Superior Court for the State of California for the County of Los Angeles, Case No. 19STCV23772 (July 8, 2019). On July 8, 2019, Ieman Shahi (“Shahi”) filed a complaint against FBNA as well as Andrew A. Wiederhorn and Taylor A. Wiederhorn.”Page 20 of the 2025 FDD, Item 3

  Outcome: “Shahi sought the return of the $487,500 he paid as the first installment of the development fees due under the agreement and is also seeking attorneys’ fees. FBNA filed a cross complaint on April 13, 2020 asserting that Shahi breached the international Multi-Unit Restaurant Agreement. The case was dismissed on October 21, 2021.”

• Adam Vignola, et al. v. FAT Brands Inc., et al.

  settled

  FAT Brands, Inc. ("FAT"), of which the franchisor is a wholly-owned subsidiary through FAT Brands Royalty I, LLC, its immediate direct parent (Item 1, p.10) · filed 2018-08-24 · United States District Court for the Central District of California · 2:18-cv-07469

  “… United States District Court for the Central District of California, Case No. 2:18-cv-07469. On August 24, 2018, the Original Defendants were named as defendants in a putative securities class action lawsuit entitled Vignola v. FAT Brands, Inc., Case No. 2:18-cv-07469-PSG-PLA”Page 21 of the 2025 FDD, Item 3

  Outcome: “On September 25, 2020, the parties executed a Settlement Agreement and Mutual Release pursuant to which lead plaintiffs agreed to dismiss their individual claims against defendants with prejudice in exchange for a payment by or on behalf of defendants of $75,000.”

• Eric Rojany, et al. v. FAT Brands Inc., et al.

  settled

  FAT Brands, Inc. ("FAT"), of which the franchisor is a wholly-owned subsidiary through FAT Brands Royalty I, LLC, its immediate direct parent (Item 1, p.10) · filed 2018-06-07 · Superior Court of California for the County of Los Angeles · BC708539

  “… Superior Court of California for the County of Los Angeles, Case No. BC708539, filed on June 7, 2018 against FAT Brands, Inc., Andrew Wiederhorn, Ron Roe, James Neuhauser, Edward H. Rensi, Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman, Fog Cutter Capital Group Inc., and Tripoint Global Equities, LLC”Page 21 of the 2025 FDD, Item 3

  Outcome: “On January 6, 2021, the parties executed a Settlement Agreement and Mutual Release pursuant to which plaintiff agreed to dismiss his individual claims against defendants with prejudice in exchange for a payment by or on behalf of defendants of $50,000.”

  Within this matter, as the filing narrates it

  • Alden v. FAT Brands

    concluded

    names the parent company · FAT Brands, Inc. ("FAT"), of which the franchisor is a wholly-owned subsidiary through FAT Brands Royalty I, LLC, its immediate direct parent (Item 1, p.10) · filed 2018-08-02 · Superior Court of California for the County of Los Angeles · BC716017

    “On August 2, 2018, the Original Defendants were named defendants in a second putative class action lawsuit, Alden v. FAT Brands, Case No. BC716017 (the “Alden Case”), filed in the same court. On September 17, 2018, the Rojany and Alden Cases were consolidated under the Rojany Case number.”Page 21 of the 2025 FDD, Item 3

  Counted as one matter, the way Item 3 groups it.

• Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc.

  settled

  Government or regulatory action · Fatburger North America, Inc. ("FBNA"), an affiliate · Virginia State Corporation Commission (Division of Securities and Retail Franchising) · SEC-2022-00034

  “… (Case No. SEC-2022-00034, Settlement Order entered Jul. 12, 2023, Final Order entered Oct. 23, 2023). This matter involves allegations by the Virginia State Corporation Commission’s Division of Securities and Retail Franchising that Fatburger North America, Inc.”Page 20 of the 2025 FDD, Item 3

  Outcome: “and agreed: (a) to offer the affected franchisees an opportunity to rescind their franchises; (b) to pay $27,000 to the Commonwealth of Virginia; and (3) not to violate the Virginia franchise law in the future.”

• Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc. (No. SEC-2022-0042)

  settled

  Government or regulatory action · Fatburger North America, Inc. ("FBNA"), an affiliate · Virginia State Corporation Commission (Division of Securities and Retail Franchising) · SEC-2022-0042

  “Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc. (Case No. SEC-2022-0042, Settlement Order entered February 21, 2025, Final Order entered April 23, 2025). This matter involves allegations by the Virginia State Corporation Commission’s Division of Securities and Retail Franchising (the “Division”) that Fatburger North America, Inc.,”Page 20 of the 2025 FDD, Item 3

  Outcome: “Without admitting or denying the allegations, FBNA made an offer of settlement in the amount of Five thousand Dollars ($5,000) in civil penalty and Five Hundred Dollars ($500) to defray the costs of investigation. The Division accepted the settlement and entered the final order.”