Famous Daves of America Inc – ‘NT 10-K’ for 12/29/02

On:  Friday, 3/28/03, at 4:54pm ET   ·   Effective:  3/28/03   ·   For:  12/29/02   ·   Accession #:  950134-3-4865   ·   File #:  0-21625

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Notice of a Late Filing of a Form 10-K   —   Form 12b-25
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: NT 10-K     Notification of Late Filing Form 10-K                  3     12K 

NT 10-K
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549

 FORM 12b-25

                                                 Commission File Number: 0-21625

 NOTIFICATION OF LATE FILING

(Check One): [X] Form 10-K  [ ] Form 11-K      [ ] Form 20-F    [ ] Form 10-Q   
[ ] Form N-SAR                                        

For Period Ended: December 29, 2002                           

[ ] Transition Report on Form 10-K        [ ] Transition Report on Form 10-Q    
[ ] Transition Report on Form 20-F        [ ] Transition Report on Form N-SAR   
[ ] Transition Report on Form 11-K                                              

For the Transition Period Ended: ____________________________ 

      Nothing in this form shall be construed to imply that the Commission
has verified any information contained herein.                                  

       If the notification relates to a portion of the filing checked above,
identify the item(s) to which the notification relates: Item 15(d) - Financial  
Statements of 50% or Less Owned Person                                          

PART I
REGISTRANT INFORMATION

Full name of registrant: Famous Dave's of America, Inc.                         

Former name if applicable:____________________________________                  

Address of principal executive office (Street and number): 8091 Wallace Road,   
Eden Prairie, MN 55344                                                          

 PART II
RULE 12b-25(b) AND (c)

         If the subject report could not be filed without unreasonable effort or
expense and the registrant seeks relief pursuant to Rule 12b-25(b), the         
following should be completed. (Check box if appropriate.)                      

               (a)      The reasons described in reasonable detail in Part
                      III of this form could not be eliminated without
     unreasonable effort or expense.

  [X]      (b)      The subject annual report, semi-annual report,
                        transition report on Form 10-K, 20-F, 11-K or Form
                          N-SAR, or portion thereof will be filed on or before
                        the 15th calendar day following the prescribed due
                         date; or the subject quarterly report or transition
                           report on Form 10-Q, or portion thereof will be filed
on or before the          

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NT 10-K
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                           fifth calendar day following the prescribed due date;
and                       

                 (c)      The accountant's statement or other exhibit required
                        by Rule 12b-25(c) has been attached if applicable.

PART III
 NARRATIVE

         State below in reasonable detail the reasons why Form 10-K, 11-K, 20-F,
10-Q, N-SAR or the transition report portion thereof could not be filed within  
the prescribed time period. (Attach extra sheets if needed.)                    

        Pursuant to Rule 3-09 of Regulation S-X, the Registrant is required to
       file separate audited financial statements of FUMUME, LLC, a Delaware
        limited liability company (and its consolidated subsidiaries) in which
        the Registrant owned a 40% interest in 2002, because the equity of the
  Registrant in the income (losses) from the continuing operations
        (before taxes extraordinary items and cumulative effect of a change in
   accounting principles) of FUMUME, LLC exceeded 20% of such income
      (losses) of the Registrant and its subsidiaries consolidated for the
         fiscal year ending December 29, 2002. During the first quarter of 2003,
  the Registrant negotiated and consummated the disposition of its
   interests in FUMUME, LLC. Following this disposition transaction,
        FUMUME, LLC experienced changes in management that included changes in
       the personnel responsible for FUMUME, LLC's accounting function. As a
   result, the Registrant has been unable to compile the information
   required in order to complete the audited financial statements of
FUMUME, LLC required under Item 15(d) of Form 10-K within the 
    prescribed time period without unreasonable effort or expense. The
    Registrant believes that the results of the audit of will not have
      material impact on the Registrant's financial results for the fiscal
year ending December 29, 2002.                                

 PART IV
 OTHER INFORMATION

      (1)      Name and telephone number of person to contact in regard to
this notification:                                                              

William M. Mower, Esq.                     (612) 672-8358               
--------------------------------------------------------------------            
(Name)                               (Telephone Number)     

       (2)      Have all other periodic reports required under Section 13 or
15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment    
Company Act of 1940 during the preceding 12 months or for such shorter period   
that the registrant was required to file such report(s) been filed? If the      
answer is no, identify report(s).[X] Yes[ ] No                                  

      (3)      Is it anticipated that any significant change in results of
operations  from the corresponding period for the last fiscal year will be      
reflected by the earnings statements to be included in the subject report or    
portion thereof? [ ] Yes [X] No                                                 

If so: attach an explanation of the anticipated change, both  
narratively and quantitatively, and, if appropriate, state the                  
reasons why a reasonable estimate of the results cannot be made.                

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Famous Dave's of America, Inc.
----------------------------------------------------
(Name of Registrant as Specified in Charter)

Has caused this notification to be signed on its behalf by the undersigned      
thereunto duly authorized.                                                      

Date: March 28, 2003                     By:  /s/  Kenneth J. Stanecki          
                                      ------------------------------
                              Kenneth J.Stanecki
                                   Chief Financial Officer

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Dates Referenced Herein   and   Documents Incorporated by Reference

				Referenced-On Page
This ‘NT 10-K’ Filing		Date		First		Last			Other Filings
Filed on / Effective on:		3/28/03		3					10-K
For Period End:		12/29/02		1		2			10-K,  10-K/A
									List all Filings