This case was last updated from U.S. District Courts on 05/17/2022 at 08:21:39 (UTC).

Robert J. Matthews v. FAT Brands Inc. et al

Case Summary

On March 18, 2022, Robert J. Matthews (“Plaintiff”), represented by Laurence M. Rosen of Rosen law firms PA, filed a civil action against Fat Brands Inc. (“FAT Brands” or “Company”), Andrew Wiederhorn (“Wiederhorn”), Ron Roe (“Roe”), Rebecca Hershinger (“Hershinger”) and Ken Kuick (“Kuick”) (collectively, “Defendants”), seeking declaratory and injunctive relief and damages, along with pre- and post- judgment interest, for the Defendants’ alleged materially false and misleading statements. This case was filed in U.S. District Court in the Central District of California with Judge Mark C. Scarsi and Judge Rozella A. Oliver presiding.

 

In the complaint the Plaintiff alleged that, “On December 4, 2017, FAT Brands filed with the SEC its quarterly report on Form 10-Q for the period ended September 24, 2017 (the “3Q17 Report”) which was signed by Defendants Wiederhorn and Roe. Attached to the 3Q17 Report were certifications pursuant to the Sarbanes-Oxley Act of 2002 (“SOX”) signed by Defendants Andrew Wiederhorn and Roe attesting to the accuracy of financial reporting, the disclosure of any material changes to the Company’s internal control over financial reporting and the disclosure of all fraud.”

 

The Plaintiff further alleged that, “On Saturday February 19, 2022, the Los Angeles Times published an article entitled “Family behind Fatburger under investigation for alleged fraud, money laundering, records show” which revealed the investigations into Defendant Wiederhorn and his son and Company COO Thayer Wiederhorn in connection with the Company.”

 

The Plaintiff also alleged that, “As a result of Defendants’ wrongful acts and omissions, and the decline in the market value of the Company’s securities, Plaintiff and other Class members have suffered significant losses and damages.”

 

There are two claims for relief laid down by the Plaintiff. The first claim alleged is for violation of Section 10(b) of The Exchange Act and Rule 10b-5. The second claim alleged is for violation of Section 20(a) of The Exchange Act. 

 

In their prayer for relief, the Plaintiff has requested that the Court determine that the instant action may be maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure, and certify Plaintiff as the Class representative and require Defendants to pay damages sustained by Plaintiff and the Class by reason of the acts and transactions alleged herein. The Plaintiff further requested that the Court award Plaintiff and the other members of the Class pre- and post-judgment interest, as well as their reasonable attorneys’ fees, expert fees, and other costs or any other such relief that the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-01820

  • Filing Date:

    03/18/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Security/Commodity/Exchange

Judge Details

Presiding Judge

Mark C. Scarsi

Referral Judge

Rozella A. Oliver

 

Party Details

Plaintiff

Robert J. Matthews

Consolidated Plaintiff

Kerry Chipman

Defendants

FAT Brands Inc.

Andrew Wiederhorn

Ron Roe

Rebecca Hershinger

Ken Kuick

Attorney/Law Firm Details

Plaintiff Attorney

Laurence M Rosen

Attorney at Rosen Law Firm PA

355 South Grand Avenue Suite 2450

Los Angeles, CA 90071

Consolidated Plaintiff Attorney

Jennifer Pafiti

Attorney at Pomerantz LLP

1100 Glendon Avenue, 15Th Floor

Los Angeles, CA 90024

Defendant Attorneys

John M Landry

Attorney at Sheppard Mullin Richter and Hampton LLP

333 South Hope Street Suite 4300

Los Angeles, CA 90071

Madalyn Annabel Macarr

Attorney at Sheppard Mullin Richter and Hampton LLP

333 South Hope Street 43Rd Floor

Los Angeles, CA 90071-1422

Polly Towill

Attorney at Sheppard Mullin Richter and Hampton LLP

333 South Hope Street 43Th Floor

Los Angeles, CA 90071-1448

John P Stigi, III

Attorney at Sheppard Mullin Richter and Hampton LLP

1901 Avenue Of The Stars Suite 1600

Los Angeles, CA 90067

 

Court Documents

#19

(#19) ORDER REGARDING DEFENDANTS' ACCEPTANCE OF SERVICE, CONSOLIDATION AND RESPONSE TO COMPLAINTS #17 by Judge Mark C. Scarsi: 1. Defendants are deemed served in the above-captioned actions. 2. In light of the common questions of law and fact in the above-captioned actions, pursuant to Federal Rule of Civil Procedure 42(a)(2), it is hereby ordered that these actions are consolidated for all purposes under the low-numbered case, No. 2:22-cv-01820-MCS-RAO, and that the caption of the consolidated action is amended to read as follows: "IN RE: FAT BRANDS INC. SECURITIES LITIGATION". 3. Defendants' time to answer, move against or otherwise respond to the Complaints shall be stayed pending the entry of a scheduling order following the Court's appointment of a lead plaintiff and lead counsel. 4. After the appointment of a lead plaintiff in the consolidated action, the Court will set an appropriate schedule for the filing of a consolidated amended complaint and responses thereto. (lc) (Entered: 05/02/2022)

18 #1

Proposed Order Re Defendants' Acceptance of Service, Consolidation and Resp

18 #18

Main Document

#17

(#17) Joint STIPULATION to Consolidate Cases as to 2:22-cv-01820-MCS-RAO, 2:22-cv-02541-MCS-RAO filed by Defendants FAT Brands Inc..(Stigi, John) (Entered: 04/28/2022)

#16

(#16) Certification and NOTICE of Interested Parties filed by Defendants FAT Brands Inc., identifying FAT Brands Inc., Andrew Wiederhorn, Ron Roe, Rebecca Hershinger, Ken Kuick, ANV Global Services, Inc. on behalf of Associated Industries Insurance Company, Inc., Berkshire Hathaway Specialty Insurance Company, RSUI Indemnity Company, Obsidian Specialty Insurance Company, Hudson Insurance Company. (Stigi, John) (Entered: 04/28/2022)

#15

(#15) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding Madalyn A. Macarr as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendants FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Stigi, John) (Entered: 04/28/2022)

#14

(#14) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding John M. Landry as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendants FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Stigi, John) (Entered: 04/28/2022)

#13

(#13) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding Polly Towill as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendants FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Stigi, John) (Entered: 04/28/2022)

#12

(#12) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding John P. Stigi III as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendant FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Attorney John P Stigi, III added to party FAT Brands Inc.(pty:dft))(Stigi, John) (Entered: 04/28/2022)

#11

(#11) WAIVER OF SERVICE Returned Executed filed by Plaintiff Robert J. Matthews. upon Rebecca Hershinger waiver sent by Plaintiff on 4/12/2022, answer due 6/13/2022. Waiver of Service signed by Rebecca D. Hershinger. (Rosen, Laurence) (Entered: 04/27/2022)

10 #3

Waiver of Service for K Kuick

10 #2

Waiver of Service for R Roe

10 #1

Waiver of Service for A Wiederhorn

10 #10

Main Document

#9

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants FAT Brands Inc., Rebecca Hershinger, Ken Kuick, Ron Roe, Andrew Wiederhorn. (lh) (Entered: 03/18/2022)

#8

(#8) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 03/18/2022)

1 #1

PSLRA Certification

1 #1

Main Document

12 More Documents Available
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Docket Entries

  • 05/02/2022
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  • Docket(#19) ORDER REGARDING DEFENDANTS' ACCEPTANCE OF SERVICE, CONSOLIDATION AND RESPONSE TO COMPLAINTS #17 by Judge Mark C. Scarsi: 1. Defendants are deemed served in the above-captioned actions. 2. In light of the common questions of law and fact in the above-captioned actions, pursuant to Federal Rule of Civil Procedure 42(a)(2), it is hereby ordered that these actions are consolidated for all purposes under the low-numbered case, No. 2:22-cv-01820-MCS-RAO, and that the caption of the consolidated action is amended to read as follows: "IN RE: FAT BRANDS INC. SECURITIES LITIGATION". 3. Defendants' time to answer, move against or otherwise respond to the Complaints shall be stayed pending the entry of a scheduling order following the Court's appointment of a lead plaintiff and lead counsel. 4. After the appointment of a lead plaintiff in the consolidated action, the Court will set an appropriate schedule for the filing of a consolidated amended complaint and responses thereto. (lc) (Entered: 05/02/2022)

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  • 04/29/2022
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  • Docket(#18) NOTICE OF LODGING filed 4/29/22 of [Proposed] Order Re Defendants' Acceptance of Service, Consolidation and Response to Complaints re Stipulation to Consolidate Cases #17 (Attachments: #1 Proposed Order Re Defendants' Acceptance of Service, Consolidation and Response to Complaints)(Stigi, John) (Entered: 04/29/2022)

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  • 04/28/2022
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  • Docket(#17) Joint STIPULATION to Consolidate Cases as to 2:22-cv-01820-MCS-RAO, 2:22-cv-02541-MCS-RAO filed by Defendants FAT Brands Inc..(Stigi, John) (Entered: 04/28/2022)

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  • 04/28/2022
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  • Docket(#16) Certification and NOTICE of Interested Parties filed by Defendants FAT Brands Inc., identifying FAT Brands Inc., Andrew Wiederhorn, Ron Roe, Rebecca Hershinger, Ken Kuick, ANV Global Services, Inc. on behalf of Associated Industries Insurance Company, Inc., Berkshire Hathaway Specialty Insurance Company, RSUI Indemnity Company, Obsidian Specialty Insurance Company, Hudson Insurance Company. (Stigi, John) (Entered: 04/28/2022)

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  • 04/28/2022
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  • Docket(#15) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding Madalyn A. Macarr as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendants FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Stigi, John) (Entered: 04/28/2022)

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  • 04/28/2022
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  • Docket(#14) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding John M. Landry as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendants FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Stigi, John) (Entered: 04/28/2022)

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  • 04/28/2022
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  • Docket(#13) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding Polly Towill as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendants FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Stigi, John) (Entered: 04/28/2022)

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  • 04/28/2022
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  • Docket(#12) Notice of Appearance or Withdrawal of Counsel: for attorney John P Stigi, III counsel for Defendant FAT Brands Inc.. Adding John P. Stigi III as counsel of record for FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK for the reason indicated in the G-123 Notice. Filed by Defendant FAT BRANDS, INC., ANDREW WIEDERHORN, RON ROE, and KEN KUICK. (Attorney John P Stigi, III added to party FAT Brands Inc.(pty:dft))(Stigi, John) (Entered: 04/28/2022)

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  • 04/27/2022
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  • Docket(#11) WAIVER OF SERVICE Returned Executed filed by Plaintiff Robert J. Matthews. upon Rebecca Hershinger waiver sent by Plaintiff on 4/12/2022, answer due 6/13/2022. Waiver of Service signed by Rebecca D. Hershinger. (Rosen, Laurence) (Entered: 04/27/2022)

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  • 04/27/2022
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  • Docket(#10) WAIVER OF SERVICE Returned Executed filed by Plaintiff Robert J. Matthews. upon FAT Brands Inc. waiver sent by Plaintiff on 4/12/2022, answer due 6/13/2022; Ken Kuick waiver sent by Plaintiff on 4/12/2022, answer due 6/13/2022; Ron Roe waiver sent by Plaintiff on 4/12/2022, answer due 6/13/2022; Andrew Wiederhorn waiver sent by Plaintiff on 4/12/2022, answer due 6/13/2022. Waiver of Service signed by John P. Stigli, Counsel. (Attachments: #1 Waiver of Service for A Wiederhorn, #2 Waiver of Service for R Roe, #3 Waiver of Service for K Kuick)(Rosen, Laurence) (Entered: 04/27/2022)

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  • 03/18/2022
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants FAT Brands Inc., Rebecca Hershinger, Ken Kuick, Ron Roe, Andrew Wiederhorn. (lh) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#8) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#7) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#5) NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Rozella A. Oliver. (lh) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Robert J. Matthews. (Rosen, Laurence) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#3) Certification and NOTICE of Interested Parties filed by Plaintiff Robert J. Matthews, (Rosen, Laurence) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Robert J. Matthews. (Rosen, Laurence) (Entered: 03/18/2022)

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  • 03/18/2022
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32974608 - Fee: $402, filed by Plaintiff Robert J. Matthews. (Attachments: #1 PSLRA Certification) (Attorney Laurence M Rosen added to party Robert J. Matthews(pty:pla))(Rosen, Laurence) (Entered: 03/18/2022)

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