Midwest Burrito, Inc. v. Sweeto Burrito Franchising, LLC et al
Plaintiff: Midwest Burrito, Inc.
Defendant: Sweeto Burrito Franchising, LLC and Jon Pierre Francia
Case Number: 3:2023cv00197
Filed: October 2, 2023
Court: US District Court for the District of North Dakota
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Contract: Other
Cause of Action: 23 U.S.C. ยง 1441 Contract Real Estate
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2023 DOCKET CORRECTION re: #27 MOTION for Hearing. Clerk's Office corrected links. (sc)
November 22, 2023 Filing 27 MOTION for Hearing re 11 and 12 MOTIONS to Stay by Midwest Burrito, Inc. (Cleveland, Amber) Modified to correct links on 11/27/2023 (sc).
November 20, 2023 Filing 26 NOTICE of Appearance by Amber Cleveland on behalf of Midwest Burrito, Inc. (Cleveland, Amber)
November 17, 2023 Filing 25 REPLY to Response to Motion re 12 MOTION to Stay, 11 MOTION to Stay Pending Bankruptcy filed by Jon Pierre Francia, Sweeto Burrito Franchising, LLC. (Attachments: #1 Exhibit 1 - Declaration of Jon Pierre Francia)(Jones, William) (Attachment 1 replaced to correct obstructed header on 11/20/2023) (sc). Modified to replace attachment on 11/20/2023. NEF regenerated (sc).
November 17, 2023 DOCKET CORRECTION RE: #24 RESPONSE to Motion. Error in document. Wrong event used. Clerk's Office restricted access to document. Counsel is directed to correct the error and file the document as a REPLY to Response to Motion. Counsel is reminded to add an exhibit number to attachment description. (sj)
November 16, 2023 Filing 24 *ERROR IN DOCUMENT* RESPONSE to Motion re 12 MOTION to Stay Pending Bankruptcy filed by Jon Pierre Francia, Sweeto Burrito Franchising, LLC. (Attachments: #1 Exhibit Declaration of Jon Pierre Francia)(Jones, William) Modified on 11/17/2023 to restrict access. (sj).
November 8, 2023 Filing 23 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 11/8/2023. (DR #231108-000.mp3 (JS Chambers Recorder)) (sj)
November 8, 2023 Opinion or Order Filing 22 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per discussion at the November 8, 2023 conference, defendants' reply in support of the Motion to Stay is due by November 16, 2023. No scheduling order will be issued until after a decision regarding the motion to stay. (AS)
November 3, 2023 DOCKET CORRECTION RE: #19 RESPONSE to Motion. Clerk's Office added a link. RE: #20 AFFIDAVIT. Spelling of 'Fernholz' corrected. RE: #21 AFFIDAVIT. Attachments 2, 3, 4, 5, and 6 replaced to correct obstructed headers. (sj)
November 2, 2023 Filing 21 AFFIDAVIT of Mark Western re #19 Response to Motion by Midwest Burrito, Inc.. (Attachments: #1 Exhibit 1 - March 1, 2023 email, #2 Exhibit 2 - Idaho Secretary of State records-Sweeto Burrito Franchising, LLC, #3 Exhibit 3 - Idaho Secretary of State records - Sweeto Burrito, LLC, #4 Exhibit 4 - Utah Secretary of State records - Sweeto Burrito, LLC, #5 Exhibit 5 - Utah Secretary of State records - Sweeto Burrito Management, LLC, #6 Exhibit 6 - Utah Bankruptcy Court Trustee's Motion for Order Approving Sale of Assets, #7 Exhibit 7 - License Agreement)(Western, Mark) (Attachments 2, 3, 4, 5, and 6 replaced to correct obstructed headers). (sj).
November 2, 2023 Filing 20 AFFIDAVIT of Kerry Fernholz re #19 Response to Motion by Midwest Burrito, Inc.. (Western, Mark) Modified on 11/3/2023 to correct spelling of 'Fernholz'. (sj).
November 2, 2023 Filing 19 RESPONSE to Motion re 12 MOTION to Stay, 11 MOTION to Stay and #10 NOTICE (Defendants' Suggestion of Bankruptcy) filed by Midwest Burrito, Inc. (Western, Mark) Modified on 11/3/2023 to add link. (sj).
November 2, 2023 Filing 18 CERTIFICATE OF SERVICE by Midwest Burrito, Inc. of Summons and Complaint on Jon Pierre Francia (Western, Mark)
November 2, 2023 Filing 17 CERTIFICATE OF SERVICE by Midwest Burrito, Inc. of Summons and Complaint on Sweeto Burrito Franchising, LLC (Western, Mark)
October 24, 2023 DOCKET CORRECTION re: #15 Supplement. Wrong event selected. Clerk's Office restricted access to document and re-filed as Notice of Filing of Bankruptcy at #16 . (cjs)
October 23, 2023 Filing 16 NOTICE OF FILING OF BANKRUPTCY upon the record as to Sweeto Burrito, LLC by Sweeto Burrito Franchising, LLC (Attachments: #1 Exhibit 2-Schedules A/B, D, E/F, G and H)(cjs)
October 23, 2023 Filing 15 *RESTRICTED-WRONG EVENT SELECTED* SUPPLEMENT to document: #10 Notice (Other) by Jon Pierre Francia, Sweeto Burrito Franchising, LLC. (Attachments: #1 Exhibit 2)(Jones, William) Modified on 10/24/2023 to restrict access (cjs).
October 20, 2023 Opinion or Order Filing 14 (Text Only) ORDER by Magistrate Judge Alice R. Senechal re 12 MOTION to Stay filed by Jon Pierre Francia. Plaintiff's response to the motion is due by 11/03/2023. (CT)
October 20, 2023 Opinion or Order Filing 13 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 11 Motion to Stay. The case is stayed as to defendant Sweeto Burrito Franchising, LLC. (CT)
October 20, 2023 DOCKET CORRECTION re: #10 NOTICE. Multiple relief document filed as one entry. Per Chambers, Clerk's Office filed additional motions: 11 MOTION to Stay (as to Sweeto Burrito Franchising, LLC) and 12 MOTION to Stay (as to Jon Pierre Francia). (pb)
October 19, 2023 Filing 12 MOTION to Stay by Jon Pierre Francia. See document at #10 . (pb)
October 19, 2023 Filing 11 MOTION to Stay by Sweeto Burrito Franchising, LLC. See document at #10 . (pb)
October 19, 2023 Filing 10 NOTICE by Jon Pierre Francia, Sweeto Burrito Franchising, LLC Defendants' Suggestion of Bankruptcy and Request for Stay (Jones, William)
October 19, 2023 Filing 9 Corporate Disclosure Statement by Jon Pierre Francia, Sweeto Burrito Franchising, LLC identifying Other Affiliate Sweeto Burrito, LLC for Sweeto Burrito Franchising, LLC.. (Jones, William)
October 17, 2023 Opinion or Order Filing 8 (Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal no longer assigned as presiding judge. (pb)
October 17, 2023 Filing 7 CONSENT/REASSIGNMENT FORM by Midwest Burrito, Inc. (pb)
October 12, 2023 Filing 6 Corporate Disclosure Statement by Midwest Burrito, Inc.. (Western, Mark)
October 4, 2023 Opinion or Order Filing 5 ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 11/08/2023 at 9:00 AM before Magistrate Judge Alice R. Senechal. (CT)
October 3, 2023 Filing 4 NOTICE of Direct Assignment as to Midwest Burrito, Inc.. Consent/Reassignment Form due by 10/17/2023. (pb)
October 3, 2023 Filing 3 NOTICE of Direct Assignment as to Sweeto Burrito Franchising, LLC. Consent/Reassignment Form due by 10/17/2023. (pb)
October 3, 2023 Filing 2 NOTICE of Direct Assignment as to Jon Pierre Francia. Consent/Reassignment Form due by 10/17/2023. (pb)
October 2, 2023 Filing 1 NOTICE OF REMOVAL by Jon Pierre Francia, Sweeto Burrito Franchising, LLC from Cass County, case number 09-2023-cv-03378. Filing fee $ 402 receipt number 300000614 filed by Jon Pierre Francia, Sweeto Burrito Franchising, LLC. (Attachments: #1 Civil Cover Sheet, #2 Complaint and Demand for Jury Trial, #3 Exhibit A - Repurchase and Workout Agreement, #4 Exhibit B - Promissory Note, #5 Answer)(pb)

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Plaintiff: Midwest Burrito, Inc.
Represented By: Joel M. Fremstad
Represented By: Mark R. Western
Represented By: Amber Cleveland
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Defendant: Sweeto Burrito Franchising, LLC
Represented By: William F. Jones
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Defendant: Jon Pierre Francia
Represented By: William F. Jones
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