Spaghetti Warehouse Restaurants Inc v. Spaghetti Warehouse Restaurant of CNY LLC — Entry #15
Case: Spaghetti Warehouse Restaurants Inc v. Spaghetti Warehouse Restaurant of CNY LLC txnd · 3:25-cv-02727
filed October 07, 2025
What this document is
Docket entry #15 · filed March 13, 2026
Who is involved
- Spaghetti Warehouse Restaurant of CNY LLC
- Spaghetti Warehouse Restaurants Inc
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Hut 8: its name “Hut 8 Corp.” appears in a filing in this case.
…Assistant General Counsel - Real Estate at Hut 8 Corp., located at 1101 Brickell Ave, N-1500, Miami…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 12, 2026. Federal court filings are public records.
Document text
77 page(s), 152,616 characters, converted from the PDF's text layer · plain text.
Full text
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 1 of 77 PageID 152
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPAGHETTI WAREHOUSE §
RESTAURANTS, INC. §
§
Plaintiff, §
§
v. § CIVIL ACTION NO. 3:25-cv-02727-E
§
SPAGHETTI WAREHOUSE § JURY DEMANDED
RESTAURANT OF CNY, LLC, §
§
Defendant. §
APPENDIX IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT
JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SPAGHETTI
WAREHOUSE RESTAURANT OF CNY, LLC AND BRIEF IN SUPPORT
1. Complaint for Preliminary and Permanent Injunctive Relief,
Damages and Other Relief Appx. 1 – 16.
2. Unsworn Declaration in Support of Motion for Temporary
3. Restraining Order Appx. 17 – 19.
4. Exhibit A – License Agreement Appx. 20 – 26.
5. Exhibit B – October 7, 2024, Notice of Default
Letter to Defendant Appx. 27.
6. Exhibit C – June 23, 2025, Notice of Termination of
License Agreement Appx. 28 – 33.
7. Declaration of Doug Pak in Support of Plaintiff’s
Motion for Default Judgment Appx. 43 – 48.
8. Press Releases - NY Restaurant Closing and
Click Streams Opening Appx. 49 – 60.
9. Declaration of Casey S. Erick Appx. 61 – 80.
APPENDIX IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT
JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SPAGHETTI
WAREHOUSE RESTAURANT OF CNY, LLC AND MEMORANDUM IN SUPPORT –
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DATED March 13, 2026.
LEWIS BRISBOIS BISGAARD & SMITH LLP
By:_____________________________
CASEY S. ERICK
TX State Bar No. 24028564
Kyndall E. Richardson
TX State Bar No. 24149343
2100 Ross Avenue, Suite 2000
Dallas, Texas 75201
Telephone: (214) 722-7107
Fax: (214) 722-7111
[email protected]
[email protected]
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the 13th day of March 2026, the foregoing
document was served electronically with a copy of the pleading through use of the Court's
CM/ECF system and/or mailing it to the last known address of counsel and or parties, if any.
_____________________________
CASEY S. ERICK
APPENDIX IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT
JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SPAGHETTI
WAREHOUSE RESTAURANT OF CNY, LLC AND MEMORANDUM IN SUPPORT –
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPAGHETTI WAREHOUSE §
RESTAURANTS, INC. §
§
Plaintiff §
§ CIVIL ACTION NO. 3:25-cv-02727 v
v. §
§
SPAGHETTI WAREHOUSE
§ JURY DEMANDED
RESTAURANT OF CNY, LLC,
§
Defendant §
§
§
COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE
RELIEF, DAMAGES, AND OTHER RELIEF
Plaintiff, Spaghetti Warehouse Restaurants, Inc. (“Spaghetti Warehouse” or “Plaintiff”)
brings this Complaint for Preliminary and Permanent Injunctive Relief, Damages, and Other
Relief (“Complaint”) against Spaghetti Warehouse Restaurant of CNY, LLC (“Defendant”), states
as follows:
NATURE OF ACTION
1. This is an action for trademark infringement under the United States and Texas
trademark laws, for unfair competition, business dilution, and breach of contract. Plaintiff seeks,
among other things, a preliminary and permanent injunction (i) enjoining Defendant and those
acting in concert with them from wrongful and unlawful use of Spaghetti Warehouse’s federally
registered trademarks, and (ii) enforcing Defendant’s post-termination obligations set forth in the
License Agreement entered into by and between Defendant and Spaghetti Warehouse. Plaintiff
further seeks its damages, including amounts owed for past due licensing fees, future lost royalties,
as well as attorneys’ fees and costs of court.
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PARTIES
2. Plaintiff, Spaghetti Warehouse Restaurants, Inc., is a corporation organized and
existing under the laws of the State of Texas with its principal place of business located in Dallas,
Texas, and its principal office located at 1815 N. Market St., Dallas, Texas 75202.
3. Defendant, Spaghetti Warehouse Restaurant of CNY, LLC, is a company
organized and existing under the laws of the State of New York with its principal place of business
located in Rye, New York. Defendant can be served by serving its registered agent for service of
process, Kathleen Northrop, Registered agent, at 411 Theodore Fremd Avenue, Suite 206, Rye,
New York, 10580
JURISDICTION AND VENUE
4. The action asserts a claim for a violation of federally-registered trademarks,
including a claim under 15 USC §§ 1116, 1117, and this court has jurisdiction of this claim under
15 USC § 1121(a), 28 USC § 1338(a), and jurisdiction over all related unfair competition claims
under 28 USC § 1338(b).
5. All other claims asserted in this action arise out of the same transaction or
occurrence so that this court has supplemental jurisdiction over all additional claims asserted in
this action under 28 USC § 1367(a).
6. This Court also has original subject matter jurisdiction over this action under 28
USC § 1331, in that this is a civil action arising under the Constitution, laws, or treaties of the
United States. The Court also has jurisdiction under 28 USC § 1332(a)(1), in that this is a civil
action where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest
and costs, and is between citizens of different States.
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7. Personal jurisdiction and venue are proper in this Court under 28 USC §1391. A
substantial part of the events and omissions giving rise to the claims asserted herein occurred in
this district, and the Defendant have sufficient contact with this district.
FACTUAL BACKGROUND 1
8. Spaghetti Warehouse is a well-known Italian restaurant chain geared towards
families with five locations in two U.S. states: four in Ohio and one in New York. The chain
started in 1972 in Dallas, Texas, and at one point had spread throughout the southern and eastern
parts of the United States. Spaghetti Warehouse’s unique characteristic is that many of its older
locations are situated in renovated, historic buildings.
9. Spaghetti Warehouse has developed a brand using the name “Spaghetti
Warehouse” (the “Brand”), including the registered trademarks (the “Marks”), a restaurant/food
service concept and system, proprietary materials and methods, know-how, trade secrets, recipes,
menus, trade dress, logos, domain names (including www.meatballs.com), and other intellectual
property (the “Intellectual Property”).
10. The Marks, Brand, and Intellectual Property (collectively the “Licensed Property”)
distinguish Spaghetti Warehouse restaurants and products from those established, made, offered,
and sold by others.
11. The Marks are registered on the Principal Register of the United States Patent and
Trademark Office. The Marks’ registrations continue in full force and effect, and all those eligible
are incontestable under Section 15 of the Lanham Act, 15 USC § 1065.
1
Plaintiff incorporates the Unsworn Declaration of Mr. Doug Pak, CEO of Spaghetti Warehouse
Restaurants, Inc., herein in its entirety.
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12. Spaghetti Warehouse has given notice to the public of the registration of the Marks
as provided in 15 USC §1111. It complies with all legal requirements to ensure Spaghetti
Warehouse and its authorized licenses remain the Marks’ exclusive users and licensors.
13. Spaghetti Warehouse and its licensees have continuously used the Marks in
interstate commerce in connection with (i) the promotion, sale, and franchising of Spaghetti
Warehouse Restaurants and (ii) the promotion and sale of the products and services Spaghetti
Warehouse offers throughout the United States, including the State of Texas, since the date of its
registration.
14. Plaintiff has the right to use and license the Marks and derivations thereof and the
distinctive Brand and Intellectual Property with which licensees offer Spaghetti Warehouse’s
products to the public under the Marks.
15. Under the License Agreement (“License”) entered into by and between Spaghetti
Warehouse and authorized Licensees, Spaghetti Warehouse grants Licensees a non-exclusive
right and license to use the Marks in connection with the operation of a restaurant in a manner and
at such locations as are expressly authorized by the license.
16. Spaghetti Warehouse uses the Marks as the marks and trade identity by which the
products and services offered by Spaghetti Warehouse are distinguished from other restaurants,
and the products and services made and sold by them.
17. Spaghetti Warehouse has extensively advertised and promoted Spaghetti
Warehouse restaurants and the products and services under the Marks throughout the United
States and through various media. As a result of such efforts and the considerable money spent in
connection therewith, the products offered by Spaghetti Warehouse under the Marks have met
with widespread public approval. They have established a steady demand and goodwill among
consumers throughout the United States, including the State of Texas.
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RELIEF – PAGE 4
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Defendant Acquires a License to Use the Marks Subject to the License Agreement
18. Spaghetti Warehouse Restaurants, Inc. and Spaghetti Warehouse Restaurant of
CNY, LLC (CNY) are parties to a written License Agreement, dated December 11, 2018, wherein
Spaghetti Warehouse licensed the use of the Marks at Defendant’s restaurant. 2
19. The Defendant is owned and operated by New York Attorney, Anthony J. Schlur,
Esq., of the law firm, Goldberg Weprin Finkel Goldstein, LLP, located at 1501 Broadway,
22nd Floor, New York, New York 10036, and by Connecticut Attorney, Patrick J. Dussol, Esq.,
Assistant General Counsel - Real Estate at Hut 8 Corp., located at 1101 Brickell Ave, N-1500,
Miami, FL 33131.
20. In executing the License Agreement, Defendant expressly acknowledged that
“subject to the terms and conditions outlined in this Agreement, Licensor [Spaghetti Warehouse]
grants to Licensee the non-exclusive right and license to use the Intellectual Property in connection
with the operation of the Restaurant at the Location. 3
21. The License provided, in pertinent part, that the Defendant is required to pay a
License Fee equal to 1% of the Licensee revenues at the Restaurant for each month (the “License
Fee”) sixty (60) days following the end of the calendar year, and $5,000.00 for each Renewal
Term due on the first day of the Renewal Term. 4
22. The License gives Spaghetti Warehouse the right to terminate the License in the
“Event of Default.” One of the Events of Default is failing to pay the obligations after being given
2
See Exhibit A – License Agreement.
3
See Exhibit A, Section 1.1 of the License, titled “Grant.”
4
See Exhibit A, Section 1.5 of the License, titled “Fee.”
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written notice with a failure to cure within thirty (30) days of receipt of such notice. 5 The right to
terminate is cumulative to any other right Spaghetti Warehouse may have at law or in equity. 6
23. Defendant acknowledged that the Licensed Property, all materials, methods, and
systems relating to it, are proprietary and Spaghetti Warehouse’s sole property. Defendant agreed
that they have no rights in or to such materials, that they will not acquire any rights in such
materials as a result of the License, and that they may not use such materials without the consent
of Spaghetti Warehouse. 7
24. Defendant also agreed that they would not, either during the term of the License
or after, (a) disclose, reveal, divulge, furnish, disseminate or deliver (“Disclose”) any Licensed
Property designated as confidential, (b) use, utilize, employ, publish, rewrite, reproduce (“Use”)
any Licensed Property, or (c) authorize or permit any third person or entity to Disclose or Use any
Confidential Information.8
25. Along with its monetary obligations, Defendant agreed to maintain and operate its
Spaghetti Warehouse location in strict compliance with the License, including its agreement to
not use or permit the Licensed Property to be used: (a) in any manner that would tend to injury,
demean or dilute the reputation or value of Spaghetti Warehouse, the Marks or the goodwill
symbolized by the Intellectual Property. Furthermore, the Defendant may use the Marks only in
a manner authorized and permitted by Spaghetti Warehouse.9
5
See Exhibit A, Section 5.3.1 to 5.3.5 of the License, titled “Termination.”
6
See Exhibit A, Section 5.4 of the License, titled “Remedies Cumulative.”
7
See Exhibit A, Section 6.1 of the License, titled “Acknowledgement of Rights.”
8
See Exhibit A, Section 6.3 of the License, titled “Confidentiality.”
9
See Exhibit A, Sections 1.2 to 1.2.3 of the License, titled “Use of Licensed Property.”
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26. Upon the occurrence of any Event of Default, Spaghetti Warehouse may, at its
option, terminate the License, and all of the Defendant’s rights under the License shall terminate
immediately upon the date that Spaghetti Warehouse gives written notice of termination. 10
27. Upon termination of the License, Defendant has no rights to the name or marks
related to “Spaghetti Warehouse” or www.meatballs.com, unless otherwise agreed by Spaghetti
Warehouse.11
28. In the event of any litigation regarding the License, the parties agreed that the
prevailing party should recover all reasonable costs and expenses, including attorneys’ fees.12 And
that any damages arising from the breach of the License may be extensive and cause immediate
and irreparable harm to Spaghetti Warehouse, and that injunctive relief may be appropriate. 13
29. Defendant fell behind and failed to make any License Fee payments and payments
due in connection with the License Agreement.
30. Spaghetti Warehouse contacted Defendant requesting payments owed under the
License and the Notes on numerous occasions. The demands were more or less ignored.
31. It must be noted that Defendant is owned and operated by New York attorneys,
and their continued use of the Trademark, after notice, is not by accident. Their violations of
trademark law and the License Agreement are done knowingly, intentionally, and with a clear
understanding of the harm caused to Plaintiff.
32. Spaghetti Warehouse sent a formal Notice of Default dated October 7, 2024,
providing notice to Defendant that they were in default for the failure to pay said fees. 14
10
See Exhibit A, Section 5.3 of the License, titled “Termination.”
11
See Exhibit A, Section 5.5 of the License, titled “Use after Termination/Expiration.”
12
See Exhibit A, Section 7.4 of the License, titled “Attorneys’ Fees.”
13
See Exhibit A, Section 7.5 of the License, titled “Injunctive Relief.”
14
See Exhibit B, October 7, 2024, Notice of default letter to Defendant.
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33. Spaghetti Warehouse sent a formal Notice of Termination of License Agreement
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34. Defendant failed to cure the default. Defendant has not made any payments or
attempted to pay any of the amounts owed as of this filing.
35. In accordance with the termination of the License, Defendant was to stop using all
Marks or other Licensed Property immediately. This includes removing all signs, advertisements,
and promotional materials
36. Because the License has been terminated, Defendant lost all rights to the Licensed
Property and Marks related to “Spaghetti Warehouse,” including but not limited to, the
www.meatballs.com website.
37. Defendant has breached the License Agreement by failing to provide financial
statements for 2023, 2024, and 2025. Plaintiff estimates that past license fees accrued prior to
termination to be not less than $25,000.00 to $30,000.00.
38. Defendant's breach of the License gives rise to Spaghetti Warehouse’s claims and
damages herein.
39. Notwithstanding the termination of the License, Defendant and its agents continue
to use the Licensed Property in the operation of its restaurants and continue to market and promote
its restaurants using the Licensed Property.
40. Defendant’s use of the Licensed Property and sale of purported Spaghetti
Warehouse products is without the license or consent of Spaghetti Warehouse, and has caused or
is likely to cause mistake, confusion, or deception in the minds of the public as to source,
affiliation, and sponsorship.
15
See Exhibit C, June 23, 2025, Notice of Termination of License Agreement.
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41. In addition to the fact that Defendant offers similar products to products offered by
Spaghetti Warehouse and continues to use Spaghetti Warehouse’s name at its restaurant, the
products provided by Defendant using the Licensed Property are offered to the same class of
consumers as those who patronize authorized Spaghetti Warehouse restaurants.
42. Upon seeing the familiar trademarks and other Licensed Property through
Defendant’s unauthorized use thereof, consumers will be deceived into concluding that
Defendant’s restaurants, and the products and services offered and sold in connection therewith,
are subject to Spaghetti Warehouse’s supervision, are sponsored or endorsed by Spaghetti
Warehouse, and bear the marks pursuant to Spaghetti Warehouse’s authority and permission.
43. So long as Defendant and its agents continue to use the Licensed Property in
connection with its restaurant’s operation, consumers have no practical way of knowing that
Defendant’s former Spaghetti Warehouse is no longer affiliated with, sponsored, authorized, or
endorsed by Spaghetti Warehouse. As a result, any consumer dissatisfaction with Defendant’s
restaurant, or with the products and services offered in connection therewith, will be attributed to
Spaghetti Warehouse and the entire Spaghetti Warehouse network.
44. Defendant has received actual notice of its violation and infringement of the
Licensed Property and has constructive notice of Spaghetti Warehouse’s rights in the trademarks
and the registrations thereof pursuant to 15 USC § 1072.
45. Defendant’s continued infringement is willful, malicious, fraudulent, and
deliberate.
46. Spaghetti Warehouse has at all times complied with and fully performed all of its
obligations under the License Agreement.
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COUNT I
LANHAM ACT - TRADEMARK INFRINGEMENT
47. Plaintiff repeats and realleges ¶¶ 1 through 44 of its Complaint as if fully set forth
herein.
48. Defendant’s acts, practices, and conduct constitute an infringing use in interstate
commerce of a reproduction, counterfeit, copy, or colorable imitation of the Marks, and
Defendant’s sale, offering for sale, distribution or advertising of goods and services under the
Marks, or any designs similar thereto, is likely to cause confusion or mistake or to deceive the
public in violation of 15 USC § 1114(l).
49. As a direct and proximate result of Defendant’s infringement, Plaintiff has been
and is likely to be substantially injured in its business, including its goodwill and reputation,
resulting in lost revenues and profits and diminished goodwill.
50. Plaintiff has no adequate remedy at law because the Marks are unique and
represent to the public Plaintiff’s identity, reputation, and goodwill, such that damages alone
cannot fully compensate for Defendant’s misconduct.
51. Unless enjoined by the Court, Defendant and those acting in concert with them
will continue to use and infringe the Marks, to Plaintiff’s irreparable injury.
52. This threat of future injury to Plaintiff’s business identity, goodwill, and reputation
requires injunctive relief to prevent Defendant’s continued use of the Marks, and to ameliorate
and mitigate Plaintiff’s injuries.
COUNT II
LANHAM ACT - UNFAIR COMPETITION
53. Plaintiff repeats and realleges ¶¶ 1 through 50 of its Complaint as if fully set forth
herein.
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54. Defendant’s acts, practices, and conduct constitute unfair competition, false
designation of origin, and false or misleading descriptions or representations of fact, in that they
are likely to cause confusion or to cause mistake, to deceive others as to the affiliation, connection,
or association of the parties, and/or to misrepresent the nature, characteristics, qualities, or
geographic origin of the parties’ goods, services and commercial activities, all in violation of 15
USC § 1125(a).
55. As a direct and proximate result of Defendant’s unfair competition, Plaintiff has
been and is likely to be substantially injured in its business, including its goodwill and reputation,
resulting in lost revenues and profits and diminished goodwill.
56. Plaintiff has no adequate remedy at law because the Marks are unique and
represent to the public Plaintiff’s identity, reputation, and goodwill, such that damages alone
cannot fully compensate Plaintiff for Defendant’s misconduct.
57. Unless enjoined by the Court, Defendant and those acting in concert with them
will continue to compete unfairly with Plaintiff, to Plaintiff’s irreparable injury. This threat of
future injury to Plaintiff’s business identity, goodwill, and reputation requires injunctive relief to
prevent Defendant’s continued unfair competition and to ameliorate and mitigate Plaintiff’s
injuries.
COUNT III
BREACH OF CONTRACT
58. Plaintiff repeats and realleges ¶¶ 1 through 55 of its Complaint as if fully set forth
herein.
59. Defendant has failed and refused to perform its obligations under the License
Agreement, including its obligations (i) to pay all amounts owed to Spaghetti Warehouse, (ii) to
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cease using the Licensed Property (iii) to surrender to Spaghetti Warehouse all materials bearing
any of the Marks, and (iv) to discontinue all use of Spaghetti Warehouse’s confidential and
proprietary information.
60. Unless and until Defendant is ordered to perform its post-termination obligations
under the License Agreement, Plaintiff is likely to be substantially injured in its business,
including its goodwill and reputation, resulting in lost revenues and profits and diminished
goodwill, for which Plaintiff has no adequate remedy at law.
61. This threat of future injury to Plaintiff’s business identity, goodwill, and reputation
requires that Defendant be ordered to perform its contractual post-termination obligations under
the License Agreement to prevent Defendant’s continued breach and to ameliorate and mitigate
Plaintiff’s injuries.
62. In addition to the injuries inflicted to Plaintiff’s business identity, goodwill, and
reputation, Plaintiff continues to be damaged in an amount equal to all outstanding monies owed
under the License.
63. Also, the License Agreement provides that in the event of any default on the part
of either party, the party in default will pay the prevailing party, among other things, all reasonable
attorneys’ fees incurred by the prevailing party in any legal action or other proceeding as a result
of such default.
64. Spaghetti Warehouse at all times fully performed all of its obligations under the
License Agreement. Defendant breached and failed to perform in accordance with the License and
other agreements, and said breach has caused Plaintiff to incur damages, including but not limited
to attorneys’ fees.
COUNT IV
COMMON-LAW TRADEMARK INFRINGEMENT,
COMMON-LAW AND STATUTORY UNFAIR COMPETITION
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65. Plaintiff repeats and realleges ¶¶ 1 through 62 of its Complaint as if fully set forth
herein.
66. As a result of the public’s association of the Spaghetti Warehouse marks with
Plaintiff, Defendant’s use and sale of deceptively similar products in connection with its restaurant
is likely to cause confusion, mistake, and to deceive.
67. Defendant has continued using Plaintiffs’ Marks with full prior knowledge of
Plaintiffs’ rights to them and of the reputation of the Spaghetti Warehouse trademarks.
68. Defendant’s sale and use of the Marks were for the willful and calculated purpose
of trading on Plaintiffs’ goodwill; further, Defendant have willfully promoted the restaurants in
such a manner so as inevitably to suggest an association, affiliation, or sponsorship with, or
approval by, Plaintiff and to cause, or be likely to cause, confusion, or mistake among purchasers
as to the origin of Defendant’s products, all to Defendant’s gain and Plaintiff’s damage.
69. The conduct of Defendant violates and constitutes an infringement of Plaintiff’s
common-law rights in the Marks and constitutes improper and unfair competition with Plaintiff
under the laws of the State of Texas.
70. Defendant’s conduct has damaged and will continue to damage Plaintiff’s
goodwill and reputation and will further cause irreparable injury unless restrained by this Court.
71. Plaintiff has no adequate remedy at law.
COUNT V
TRADEMARK DILUTION AND INJURY TO BUSINESS REPUTATION
72. Plaintiff repeats and realleges ¶¶ 1 through 69 of its Complaint as if fully set forth
herein.
73. Defendant’s conduct will cause a likelihood of dilution of the distinctive and
valuable quality of Plaintiff’s trademarks and a likelihood of injury to Plaintiff’s business
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reputation in violation of the laws of the State of Texas, particularly Section 16.103 of the Texas
Business and Commerce Code, unless enjoined by this Court.
74. Plaintiff has no adequate remedy at law.
PRAYER FOR RELIEF
75. WHEREFORE, Plaintiff respectfully prays for the following relief against
Defendant:
a. A preliminary and permanent injunction enjoying Defendant, its agents, servants,
and employees, and those people in active concert or participation with them, from:
i. Using the Marks or any trademark, service mark, logo, or trade name that is
confusingly similar to the Marks;
ii Otherwise infringing on the Marks or using any similar designation, alone or in
combination with any other components;
iii. Passing off any of its products or services like those of Spaghetti Warehouse or
its authorized licensee;
iv Causing a likelihood of confusion or misunderstanding as to the source or
sponsorship of its businesses, products, or services;
v Causing a likelihood of confusion or misunderstanding as to its affiliation,
connection, or association with Spaghetti Warehouse and its franchisees or any of
Spaghetti Warehouse’s products or services;
vi Unfairly competing with Spaghetti Warehouse or its affiliates in any manner;
b. An order pursuant to 15 USC § 1118 that all labels, signs, prints, packages,
wrappers, receptacles, uniforms, logo items, and advertisements in possession of
Defendant, its affiliates, subsidiaries, officers, agents, servants and employees, and
those people in active concert or participation with them bearing the Marks, and
all plates, molds, and other means of making the same, if any, be delivered to
Spaghetti Warehouse at Defendant’s cost;
c. An order that Defendant be required to promptly eliminate its advertising under
the Marks or any other confusingly similar designations from all media, including,
but not limited to, websites, emails, newspapers, flyers, coupons, promotions,
signs, menus, telephone books, telephone directory assistance listings, and mass
mailings, all at Defendant’s cost;
COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER
RELIEF – PAGE 14
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d. An order that Defendant be required to file with the Court and to serve upon
Plaintiff’s counsel within ten (10) days after entry of any injunction or order issued
herein, a written report, under oath, setting forth in detail the manner in which they
have complied with such injunction or order;
e. An order that Defendant account and pay over to Plaintiff all gains, profits, and
advantages derived by them as a result of its infringement of the Marks, breach of
contract, and unfair competition to the full extent provided for by Section 35 of the
Lanham Act, 15 USC § 1117, and by the controlling principles of common law;
f. An order that Defendant pay to Plaintiffs such damages as Plaintiffs have sustained
by reason of said trademark infringement, breach of contract, business dilution,
and unfair competition; and that, because of the willful nature of the said
infringement, the Court enter judgment for Plaintiff for three times the amount of
said damages, pursuant to Section 35 of the Lanham Act, 15 USC § 1117;
g. An award of damages equal to the past-due amounts owed, the net present value
of the License Fees that would have become due had Defendant not defaulted
under the License Agreement, and such other damages proven at trial of this
matter;
h. An Order requiring Defendant to immediately perform its contractual post-
termination obligations under the License Agreement, including, without
limitation, its obligations:
i. An Order to take any and all necessary steps to cancel and/or transfer to Spaghetti
Warehouse any telephone numbers associated with Spaghetti Warehouse or the
Marks used in connection with the operation of Defendant’s former Spaghetti
Warehouse restaurants; and
j. An Order to return to Spaghetti Warehouse all operating manuals and other
materials provided to Defendant in connection with the operation of its former
Spaghetti Warehouse restaurants, and all materials bear any of the Marks;
k. An award of the costs and expenses, including reasonable attorney’s fees, incurred
by Plaintiff in connection with this action as provided for by statute and the parties’
License Agreement; and
l. Such other and further relief as the Court deems just and proper.
COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER
RELIEF – PAGE 15
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Respectfully submitted,
COWLES & THOMPSON, PC
By:
Casey S. Erick
Texas Bar No. 24028564
Email: [email protected]
William l. Siegel
Texas Bar No. 18342480
Email: [email protected]
901 Main Street
Suite 3900
Dallas, Texas 75202
Tel. (214) 672-2138
Fax. (214) 672-2338
ATTORNEYS FOR PLAINTIFF,
SPAGHETTI WAREHOUSE
RESTAURANTS, INC.
COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER
RELIEF – PAGE 16
1659701.1
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CAROLYN H. FOLLIS LEGAL CONSULTANCY SERVICES
VIA EMAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
October 7. 2024
Spaghetti Warehouse Restaurant Of CNY, LLC
411 Theodore Fremd Avenue
Suite 206
Rye, New York 10580
Attn: Kathleen Northrop
RE: Demand/Notice of Breach of that certain License dated December 11,2018, by and between Spaghetti Warehouse
Restaurants, Inc.(“SWRI”) and Spaghetti Warehouse Restaurant of CNY (“SWCNY “or “Licensee”).
Dear Ms. Northrop:
Once again, it has come to my attention that SWCNY has failed to pay the License Fee for Fiscal year 2023.
October 7th is far past 60 days from the end of the 2023 Fiscal year as required in Section 1.5. This demand letter
serves as written notice of default in accordance with Section 7.
On more than one occasion, Hwan Pak, on behalf of SWRI, has notified Anthony Schlur of SWCNY by direct
communication on its lack of providing the 2023 Revenue numbers as well as the failure to pay the License Fee. Yet as
of this date, the 2023 Revenue numbers and the License Fee remain outstanding.
For the avoidance of any doubt, this letter is a formal notice of an Event of Default for failure to pay and a demand
for a full account and payment of the 2023 License Fees.
Demand is hereby made that SWCNY remit the 2023 Revenue report to Hwan Pak at [email protected],
and
remit the License Fee for the 2023 Fiscal Year to Spaghetti Warehouse Restaurants, Inc., 949 South Coast Dr, #450,
Costa Mesa, CA 92626
Be advised, should SWCNY fail to cure this default within 30 days of the email receipt of this letter, in accordance
with Section 5.3 SWRI may, at its option, and without waiving any rights or remedies under the contract or at
law or in equity, seek damages, and terminate the License and all of Licensee's rights under the License
would terminate effective (i) immediately upon the date that Licensor gives written notice of termination, (ii)
upon such other date as may be set forth in such notice of termination, or (iii) at SWRI’s option atomically
upon the lapse of the specified period following, an Event of Default.
SWRI expressly reserves its rights and remedies available under the contract and at law.
Sincerely,
Carolyn H. Follis
Legal Consultancy Services
on behalf of Spaghetti Warehouse Restaurants, Inc.
cc: Grant Norrid, Hwan Pak
cc: and direct email to Antony Schlur
APPENDIX 000027
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William L. Siegel
Tel: 214-672-2126
Fax: 214-672-2326
[email protected]
June 23, 2025
VIA CERTIFIED MAIL RETURN RECEIPT REQUEST 7022 3330 0001 8921 3727
AND FIRST CLASS MAIL
Spaghetti Warehouse Restaurant of CNY, LLC
411 Theodore Fremd Avenue
Suite 206
Rye, New York, 10580
Attn: Kathleen Northrup
VIA CERTIFIED MAIL RETURN RECEIPT REQUEST 7022 3330 0001 8921 3734,
FIRST CLASS MAIL AND
EMAIL: [email protected], [email protected]
Spaghetti Warehouse Restaurant of CNY, LLC
411 Theodore Fremd Avenue
Suite 206
Rye, New York, 10580
Attn: Anthony Schlur
VIA CERTIFIED MAIL RETURN RECEIPT REQUEST 7022 3330 0001 8921 3741,
FIRST CLASS MAIL AND
EMAIL: [email protected]
Spaghetti Warehouse Restaurant of CNY, LLC
411 Theodore Fremd Avenue
Suite 206
Rye, New York, 10580
Attn: Patrick Dussol
Re: Termination of the License Agreement Between Spaghetti Warehouse Restaurants,
Inc., as Licensor (hereafter “Licensor”), and Spaghetti Warehouse Restaurant of
CNY LLC, as Licensee, (herafter “Licensee”) located at 689 N. Clinton Street,
Syarcuse, New York
Dear Messrs. Schlur and Dussol and Ms. Northrup:
Please be advised that the undersigned represents Licensor in reference to the above matter.
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June 23, 2025
Page 2
Attached is a Notice of Termination of License Agreement (“Notice”). As representatives of
Licensee, among other things set forth in the Notice, you are hereby notified of such termination
and to cease and desist from from using the Intellectual Property of Licensor as defined in the
License Agreement, the Proprietary Marks, including the name or marks related to Spaghetti
Warehouse” including signage and menus or www.meatballsc.com. and the Licensed Property as
defined in the Licensed Agreement. Any use of, or aiding and abetting the use of Intellectual
Property, the Proprietary Marks, including the name or marks related to Spaghetti Warehouse or
www.meatballsc.com. and the Licensed Property following this termination of the License shall
give rise to a cause of action for the unlawful use and misappropriation of the Intellectual Property,
Proprietary Marks, including the name or marks related to Spaghetti Warehouse or
www.meatballsc.com. and the Licensed Property owned by Licensor giving rise to damages and
equitable relief.
If you have any questions, please contact me.
Very truly yours,
William L. Siegel
cc: Spaghetti Warehouse Restaurants, Inc.
APPENDIX 000029
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NOTICE OF TERMINATION OF LICENSE AGREEMENT
VIA CERTIFIED MAIL RETURN RECEIPT REQUEST, FIRST CLASS MAIL AND
EMAIL
To: Spaghetti Warehouse Restaurant of CNY, LLC
411 Theodore Fremd Avenue
Suite 206
Rye, New York, 10580
Attn: Kathleen Northrup
Attn: Anthony Schlur: [email protected], [email protected]
Attn: Patrick Dussol: [email protected]
Re: Termination of the License Agreement Between Spaghetti Warehouse Restaurants,
Inc., as Licensor (hereafter “Licensor”), and Spaghetti Warehouse Restaurant of CNY LLC,
as Licensee, (herafter “Licensee”) located at 689 N. Clinton Street, Syarcuse, New York;
and
BE ADVISED that by virtue of the License Agreement, Licensor granted Licensee a license
to use Intellectual Property of Licensor as defined in the License Agreement, the Proprietory
Marks as defined in the License Agreement, including the the name or marks related to
Spaghetti Warehouse” including signage and menues or www.meatballsc.com and the
Licensed Property as defined in the Licensed Agreement (the “ Syracuse License”)
Pursuant to Section 1.5 of the License Agreement, Licensee is required to pay a License Fee
of 1% of Licensee Revenues (the “License Fee”) for each month to be paid to Licensor within
60 days following the end of a calendar year.
On numerous occasions, demand has been made on Licensee to pay the License Fee including
demand made on October 7, 2024.
BE FURTHER ADVISED, that the last time Licensee paid a Licensee Fee was on December
5, 2023.
BE FURTHER ADVISED, by virtue of Licensee’s failure to timely pay the License Fee and
its failure to cure such default notwithstanding demand made upon Licensee, that effective
June 23, 2025, Spaghetti Warehouse Restaurants, Inc. has and does hereby TERMINATE
the Syracuse License.
BE FURTHER ADVISED that by virtue of such termination, Licensee shall have no rights
to use and shall cease and desist from using the Intellectual Property of Licensor as defined
in the License Agreement, the Proprietary Marks, including the name or marks related to
Spaghetti Warehouse” including signage and menus or www.meatballsc.com. and the
Licensed Property as defined in the Licensed Agreement. Any use of, or aiding and abetting
the use of Intellectual Property, the Proprietary Marks, including the name or marks related
to Spaghetti Warehouse” or www.meatballsc.com. and the Licensed Property following this
termination of the Syracuse License shall give rise to a cause of action for the unlawful use
and misappropriation of the Intellectual Property, Proprietary Marks, including the name
1656316.2
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or marks related to Spaghetti Warehouse” or www.meatballsc.com. and the Licensed
Property owned by Licensor giving rise to damages and equitable relief
Any questions regarding legal issues should be addressed to the undersigned counsel for
Spaghetti Warehouse Restaurants, Inc., and any questions regarding business or operational
matters should be addressed to Spaghetti Warehouse, Inc., as shown below.
SPAGHETTI WAREHOUSE COWLES & THOMPSON, P.C.
RESTAURANTS, INC
Janiene Mielke, Controller By: ______________________________
Email: [email protected] William L. Siegel
Office: 714-450-7641
901 Main Street, Suite 3900
Hwan Pak, Project Manager Dallas, Texas 75202
Email; [email protected] Phone (214) 672-2126
Cell: 909-967-2010 Facsimile (214) 672-2326
Office: 714-509-5957 Email: [email protected]
ATTORNEYS FOR SPAGHETTI
WAREHOUSE RESTAURANTS, INC
1656316.2
APPENDIX 000031
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NOTICE OF TERMINATION OF LICENSE AGREEMENT
VIA CERTIFIED MAIL RETURN RECEIPT REQUEST, FIRST CLASS MAIL AND
EMAIL
To: Spaghetti Warehouse Restaurant of CNY, LLC
411 Theodore Fremd Avenue
Suite 206
Rye, New York, 10580
Attn: Kathleen Northrup
Attn: Anthony Schlur: [email protected], [email protected]
Attn: Patrick Dussol: [email protected]
Re: Termination of the License Agreement Between Spaghetti Warehouse Restaurants,
Inc., as Licensor (hereafter “Licensor”), and Spaghetti Warehouse Restaurant of CNY LLC,
as Licensee, (herafter “Licensee”) located at 689 N. Clinton Street, Syarcuse, New York;
and
BE ADVISED that by virtue of the License Agreement, Licensor granted Licensee a license
to use Intellectual Property of Licensor as defined in the License Agreement, the Proprietory
Marks as defined in the License Agreement, including the the name or marks related to
Spaghetti Warehouse” including signage and menues or www.meatballsc.com and the
Licensed Property as defined in the Licensed Agreement (the “ Syracuse License”)
Pursuant to Section 1.5 of the License Agreement, Licensee is required to pay a License Fee
of 1% of Licensee Revenues (the “License Fee”) for each month to be paid to Licensor within
60 days following the end of a calendar year.
On numerous occasions, demand has been made on Licensee to pay the License Fee including
demand made on October 7, 2024.
BE FURTHER ADVISED, that the last time Licensee paid a Licensee Fee was on December
5, 2023.
BE FURTHER ADVISED, by virtue of Licensee’s failure to timely pay the License Fee and
its failure to cure such default notwithstanding demand made upon Licensee, that effective
June 23, 2025, Spaghetti Warehouse Restaurants, Inc. has and does hereby TERMINATE
the Syracuse License.
BE FURTHER ADVISED that by virtue of such termination, Licensee shall have no rights
to use and shall cease and desist from using the Intellectual Property of Licensor as defined
in the License Agreement, the Proprietary Marks, including the name or marks related to
Spaghetti Warehouse” including signage and menus or www.meatballsc.com. and the
Licensed Property as defined in the Licensed Agreement. Any use of, or aiding and abetting
the use of Intellectual Property, the Proprietary Marks, including the name or marks related
to Spaghetti Warehouse” or www.meatballsc.com. and the Licensed Property following this
termination of the Syracuse License shall give rise to a cause of action for the unlawful use
and misappropriation of the Intellectual Property, Proprietary Marks, including the name
1656316.2
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or marks related to Spaghetti Warehouse” or www.meatballsc.com. and the Licensed
Property owned by Licensor giving rise to damages and equitable relief
Any questions regarding legal issues should be addressed to the undersigned counsel for
Spaghetti Warehouse Restaurants, Inc., and any questions regarding business or operational
matters should be addressed to Spaghetti Warehouse, Inc., as shown below.
SPAGHETTI WAREHOUSE COWLES & THOMPSON, P.C.
RESTAURANTS, INC
Janiene Mielke, Controller By: ______________________________
Email: [email protected] William L. Siegel
Office: 714-450-7641
901 Main Street, Suite 3900
Hwan Pak, Project Manager Dallas, Texas 75202
Email; [email protected] Phone (214) 672-2126
Cell: 909-967-2010 Facsimile (214) 672-2326
Office: 714-509-5957 Email: [email protected]
ATTORNEYS FOR SPAGHETTI
WAREHOUSE RESTAURANTS, INC
1656316.2
APPENDIX 000033
JS 44 (Rev. 04/21) 7;1' CIVIL COVER SHEET
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The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
SPAGHETTI WAREHOUSE RESTAURANTS, INC. SPAGHETTI WAREHOUSE RESTAURANT OF CNY, LLC
(b) County of Residence of First Listed Plaintiff Dallas County of Residence of First Listed Defendant Westchester
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Casey Erick and Bill Siegel of Cowles Thompson PC,
901 Main Street, Suite 3900, Dallas, Texas 75202
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ✖ 1 1 Incorporated or Principal Place ✖ 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 ✖ 2 Incorporated and Principal Place 5 ✖ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability ✖ 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 USC §§ 1116, 1117, 15 USC § 1121(a) , 28 USC § 1338(a), 28 USC § 1338(b)
VI. CAUSE OF ACTION Brief description of cause:
This case in violation of federally-registered trademarks and unfair competition claims.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. exceeds $75,000 JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/07/2025 /s/Casey Erick
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
APPENDIX 000034
JS 44 Reverse (Rev. 04/21) 7;1'
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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
,, Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
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section for each principal party.
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that is most applicable. Click here for: Nature of Suit Code Descriptions.
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Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
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NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due tochanges in
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9, Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
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APPENDIX 000035
Case
Case3:25-cv-02727-E
3:25-cv-02727-E Document
Document151-6 Filed
Filed
03/13/26
10/07/25 Page
Page
381ofof77
2 PageID
PageID 36
189
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPAGHETTI WAREHOUSE §
RESTAURANTS, INC. §
§
Plaintiff §
§ CIVIL ACTION NO. 3:25-cv-02727 v
v. §
§
SPAGHETTI WAREHOUSE
§ JURY DEMANDED
RESTAURANT OF CNY, LLC,
§
Defendant §
§
§
PLAINTIFF’S DISCLOSURE STATEMENT AND
CERTIFICATE OF INTERESTED PARTIES
Pursuant to Federal Rule of Civil Procedure 7.1, Spaghetti Warehouse Restaurants, Inc.
(“Plaintiff”), by and through its undersigned attorneys, states as follows:
1. Plaintiff Spaghetti Warehouse Restaurants, Inc, is a Texas corporation with a principal
place of business in Dallas, Texas.
Other persons or other legal entities that may be financially interested in the outcome of
this matter are:
1. Spaghetti Warehouse Restaurant of CNY, LLC
Defendant
2. Defendant Spaghetti Warehouse Restaurants of CNY is a New York corporation
with a principal place of business in Rye, New York.
3. Defendant Spaghetti Warehouse Restaurants of CNY owners are Anthony Schlur
Esq and Patrick J. Dussol, Esq.
4. Defendant Spaghetti Warehouse Restaurants of CNY registered agent is Kathleen
Northrop located at411 Theodore Fremd Avenue, Suite 206, Rye New York,
105060.
PLAINTIFF’S DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES Page 1 of 2
APPENDIX 000036
Case
Case3:25-cv-02727-E
3:25-cv-02727-E Document
Document151-6 Filed
Filed
03/13/26
10/07/25 Page
Page
392ofof77
2 PageID
PageID 37
190
Respectfully submitted,
By
CASEY S. ERICK
Texas Bar No. 24028564
[email protected]
WILLIAM L. SIEGEL
Texas Bar No. 18342480
[email protected]
COWLES & THOMPSON, P.C.
901 Main Street, Suite 3900
Dallas, TX 75202-3746
(214) 672-2138
(214) 672-2338 (Fax)
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
The undersigned certifies that on October 7th, 2025, a true and correct copy of the above
and foregoing was electronically filed and served upon all counsel of record with the Clerk of the
Court using the CM/ECF system and via-email.
CASEY S. ERICK
PLAINTIFF’S DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES Page 2 of 2
APPENDIX 000037
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APPENDIX 000043
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APPENDIX 000044
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APPENDIX 000045
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APPENDIX 000046
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APPENDIX 000047
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APPENDIX 000048
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APPENDIX 000049
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APPENDIX 000060
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 58 of 77 PageID 209
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPAGHETTI WAREHOUSE §
RESTAURANTS, INC. §
§
Plaintiff, §
§
v. § CIVIL ACTION NO. 3:25-cv-02727-E
§
SPAGHETTI WAREHOUSE § JURY DEMANDED
RESTAURANT OF CNY, LLC, §
§
Defendant. §
UNSWORN DECLARATION OF CASEY S. ERICK
Casey S. Erick, pursuant to 28 U.S.C. § 1746 hereby declares as follows:
1. I am over 18 years of age, of sound mind, and otherwise competent to make this
Declaration. The evidence set out in the foregoing Declaration is based on my personal knowledge.
2. I am lead counsel for Plaintiff and submit this Declaration in support of Plaintiff’s
Motion for Default Judgment and claim for attorney’s fees.
3. I am a partner in the law firm of Lewis Brisbois Bisgaard & Smith, LLP, the firm
that represents Plaintiff in the above-referenced lawsuit. Prior to joining Lewis Brisbois Bisgaard
& Smith, LLP, I was a partner at Cowles & Thompson, P.C.
4. I have personal knowledge of the facts stated herein and, if called to testify, would
competently testify thereto.
5. Plaintiff, Spaghetti Warehouse, is a well-known restaurant chain that is a Texas
corporation with its principal place of business in Dallas, Texas.
6. Defendant is a New York limited liability company with its principal place of
business in Rye, New York. I am familiar with the Defendant and its owners.
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 1
APPENDIX 000061
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 59 of 77 PageID 210
7. This action arises under the Lanham Act and related statutes; the Court has subject-
matter jurisdiction under 15 U.S.C. § 1121(a), 28 U.S.C. § 1331, 1332(a)(1), 1338(a)-(b), and
supplemental jurisdiction under 28 U.S.C. § 1367(a). I personally drafted all of the pleadings in
this lawsuit and have performed all of the legal work required to obtain this default judgment.
8. On October 7, 2025, I filed Plaintiff’s Original Complaint for Permanent and
Injunctive Relief, Damages, and Other Relief. (Doc. 1).
9. On October 8, 2025, the Court issued a Summons as to Defendant, Spaghetti
Warehouse Restaurant of CNY, LLC. (Doc. 6).
10. On October 27, 2025, in accordance with the Fed. R. Civ. P. 4, Defendant was
served, and the Return of Service was filed on November 12, 2025. (Doc. 8).
11. Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), Defendant was required to file an answer
or other responsive pleading within 21 days after being served. Because service was affected on
October 27, 2025, Defendant's answer or other responsive pleading was due on or before
November 17, 2025.
12. On December 5, 2025, the Clerk of the Court entered a default against Defendant.
(Doc. 12).
13. To date, Defendant has failed to file an answer or other responsive pleading within
the time required by Fed. R. Civ. P. 12(a)(1)(A)(i).
14. As previously sworn, Defendant is not an infant, incompetent person, in active
military service of the United States of America or its officers or agents. (Doc. 11).
15. Plaintiff retained me to represent it in connection with this lawsuit.
16. Plaintiff agreed to pay my firm on an hourly basis. Payment of attorneys’ fees was
not contingent on the outcome of the litigation. True and correct copies of the invoices submitted
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 2
APPENDIX 000062
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 60 of 77 PageID 211
by my prior firm and this firm in this matter reflecting the services performed and fees charged,
redacted to protect privileged and confidential matters, are attached hereto. The invoices reflect
the actual work performed by myself, and other lawyers and staff with detailed descriptions of the
services provided. The work consisted of: (i) investigating Plaintiff’s claims; (ii) corresponding
and communicating with Plaintiff, Defendant and other third parties; (iii) preparing and filing the
Original and other litigation documents; and (iv) pursuing default judgment against Defendant.
17. My hourly rate for this matter is $350.00 per hour.
18. I have been licensed to practice law in the State of Texas since 2002, and I am
Board Certified in Civil Trial Law since 2023.
19. Since 2002, I have been continuously and actively engaged in the practice of law
throughout the State of Texas. My practice has consisted primarily of complex commercial
litigation that includes intellectual property and federal court litigation. Based on my experience,
I am familiar with the reasonable and customary charges for legal services, in the Dallas, Texas
area in this type of action. I am familiar with the reasonable attorneys’ fees for the same or similar
work that has been performed in connection with this matter. My hourly rate is both customary
and reasonable in the Dallas, Texas market for the types of rendered and my experience level.
20. Plaintiff seeks recovery of its attorneys’ fees and costs incurred in defending its
copyrights and trademarks pursuant to breach of contract law, the Copyright Act and, alternatively
under the Lanham Act.
21. The majority of the time reflected in the attached invoices was necessary for the
pursuit of Plaintiff’s copyright and trademark claims against Defendant.
22. After filing suit, it was very difficult finding and serving the Defendant. They did
not accept service and would not respond to any requests to accept service.
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 3
APPENDIX 000063
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 61 of 77 PageID 212
23. Eventually, I had to serve the Defendant at their work addresses as they are both
licensed attorneys. It was only then did they communicate with me about this lawsuit.
24. Despite numerous attempts to try and resolve this matter, or obtain any information
from Defendant to determine Plaintiff’s measure of damages, Defendant refused to participate and,
to date, has not filed any response to the lawsuit or provided any information, even though it is
contractually obligated.
25. I have also analyzed the reasonableness of the fees in light of the following factors
set out in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-7109 (5th Cir. 1974). The
Johnson factors include: (1) the time and labor required; (2) the novelty and difficulty of the
questions; (3) the skill requisite to perform the legal service properly; (4) the preclusion of other
employment by the attorney due to acceptance of the case; (5) the customary fee; (6) whether the
fee is fixed or contingent; (7) time limitations imposed by the client or the circumstances; (8) the
amount involved and the results obtained; (9) the experience, reputation, and ability of the
attorneys; (10) the undesirability of the case; (11) the nature and length of the professional
relationship with the client; and (12) awards in similar cases. Based on my analysis of the above
factors, which I discuss below, I find that the fees Plaintiff seeks to recover are reasonable and
were necessary.
26. Factor 1 (Time and Labor Required): Plaintiff was required to retain attorneys
specializing in copyright and trademark litigation to pursue its claims in this matter. The firm
focused its efforts on obtaining a quick and efficient resolution of all claims in this matter. In light
of Plaintiff’s objective to obtain injunctive relief preventing Defendant’s ongoing infringement,
the firm worked extremely efficiently to obtain the desired result, and its fees were reasonable in
light of time and labor required to pursue the claims.
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 4
APPENDIX 000064
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 62 of 77 PageID 213
27. Factor 2 & 3 (Novelty and Difficulty of the Questions/Skill Required): The proper
pursuit of Plaintiff’s claims in this matter required expertise in copyright and trademark litigation,
which expertise the firm provided. Although the case presented no questions that were particularly
novel or difficult, the firm’s fees were relatively low in light of the results sought, and were
therefore reasonable under this factor.
28. Factor 4 (Preclusion of other Employment): Other than time spent working on this
matter, the firm’s engagement on this matter has not precluded the firm’s attorneys from working
on other matters. However, based on my experience, the firm’s fees were reasonable in light of
this factor because, as discussed above, the fees are set at market rates for intellectual property
litigation in the Dallas, Texas area.
29. Factors 5 & 12 (Customary Fee/Awards in Similar Cases): I have handled several
copyright and trademark matters through judgment and default judgment. Although every matter
is unique, I believe that the firm’s fees charged pursuing this matter are equal to or less than the
fees that would customarily be charged in the Dallas, Texas market to obtain similar results.
30. Factor 6 (Whether the Fee Was Fixed or Contingent): The fee charged in this matter
was neither fixed or contingent on the results obtained. In light of the fact that the firm’s rates are
set to match the market and the amount of time spent on this matter were reasonable, the fees
charged were reasonable in light of this factor.
31. Factor 7 (Time Limitations Imposed by the Client or Circumstances): Given
Defendant’s infringing activity despite termination notices Plaintiff, desired to get relief; as
quickly and efficiently as possible. Defendant’s failure to timely appear or participate has made
that particularly challenging. The firm’s fees are reasonable in light of this factor.
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 5
APPENDIX 000065
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 63 of 77 PageID 214
32. Factor 8 (Amount Involved and Results Obtained): The amount of money
involved in Defendant’s breach and infringement has been difficult to determine in light of
Defendant’s refusal to timely appear and participate in discovery. In addition to fees, Plaintiff is
seeking both injunctive relief and statutory damages, in addition to orders requiring Defendant to
produce financial records which it was contractually obligated to do under the License Agreement
so that Plaintiff can determine the exact amount of licensing fees. The fees sought are reasonable
in light of the relief sought.
33. Factor 9 (Experience, Reputation, and Ability of Attorneys): The rates charged by
the firm were also reasonable considering the experience, reputation and abilities of the lawyers
performing the services. All timekeepers who performed work on this matter were qualified and
their rates were commensurate with their levels of experience, as discussed above.
34. Factor 10 (Undesirability of the Case): Although I would not characterize the case
as undesirable, Defendant’s refusal to timely appear and participate has presented frustration and
challenges of its own. Especially when the determination of damages relies on the records which
Defendant has not produced. This factor therefore supports the reasonableness of the firm’s fees.
35. Factor 11 (Nature and Length of Client Relationship): The firm’s fees in this matter
are also reasonable in light of the nature and length of its relationship with Plaintiff. Plaintiff
engaged the firm, and the undersigned attorney, to pursue this matter as well as provide other legal
services since 2020. Plaintiff has continued to place its trust and confidence in the undersigned
attorney, and this firm, and further supports the argument that the fees charged are reasonable in
light of the level of service provided and results obtained, including in this matter.
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 6
APPENDIX 000066
Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 64 of 77 PageID 215
36. In light of the above, I am of the opinion that the fees charged by in the amount of
$22,434.50 in pursuing this matter on behalf of Plaintiff were reasonable, and the tasks performed
were necessary under the circumstances
37. I declare under penalty of perjury that the foregoing is true and correct. Executed
on March 13, 2026.
_________________________
173216891.1 UNSWORN DECLARATION OF CASEY S. ERICK – PAGE 7
APPENDIX 000067
Bill and Payment Report Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 65 of 77 PageID 216 Last Payment (02/16/2026): 4,270.00
BLD Brands (11922) 03/09/2026
Invoice Matter Matter Description Type Date Time Cost Total Balance Status Check No. Check Date Payor Email
375163 77590 Rosebriar Stemmons, LP v. BLD Invoice 03/11/2020
Brands
APPENDIX 000068
Confidential - for internal purposes only. Page 1
Bill and Payment Report Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 66 of 77 PageID 217 Last Payment (02/16/2026): 4,270.00
BLD Brands (11922) 03/09/2026
APPENDIX 000069
Confidential - for internal purposes only. Page 2
Bill and Payment Report Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 67 of 77 PageID 218 Last Payment (02/16/2026): 4,270.00
BLD Brands (11922) 03/09/2026
430033 82146 General Invoice 12/23/2024 1,015.00 0.00 1,015.00 1,015.00 Paid
430033 82146 General Payment 04/10/2025 -1,015.00 0.00 -1,015.00 0.00 704246 04/03/2025 Warehouse 72
434937 82146 General Invoice 05/13/2025 350.00 0.00 350.00 350.00 Paid
434937 82146 General Payment 02/16/2026 -350.00 0.00 -350.00 0.00 504965 02/03/2026 Spaghetti Warehouse
436705 82575 Spaghetti Warehouse New York Invoice 07/07/2025 1,470.00 0.00 1,470.00 1,470.00 Paid
APPENDIX 000070
Confidential - for internal purposes only. Page 3
Bill and Payment Report Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 68 of 77 PageID 219 Last Payment (02/16/2026): 4,270.00
BLD Brands (11922) 03/09/2026
Invoice Matter Matter Description Type Date Time Cost Total Balance Status Check No. Check Date Payor Email
436705 82575 Spaghetti Warehouse New York Payment 02/16/2026 -1,470.00 0.00 -1,470.00 0.00 504965 02/03/2026 Spaghetti Warehouse
438215 82575 Spaghetti Warehouse New York Invoice 08/08/2025 70.00 0.00 70.00 70.00 Paid
438215 82575 Spaghetti Warehouse New York Payment 02/16/2026 -70.00 0.00 -70.00 0.00 504965 02/03/2026 Spaghetti Warehouse
440057 82575 Spaghetti Warehouse New York Invoice 10/20/2025 2,380.00 0.00 2,380.00 2,380.00 Paid
440057 82575 Spaghetti Warehouse New York Payment 02/16/2026 -2,380.00 0.00 -2,380.00 0.00 504965 02/03/2026 Spaghetti Warehouse
440935 82575 Spaghetti Warehouse New York Invoice 11/13/2025 2,245.00 1,149.50 3,394.50 3,394.50 Open
Report Totals: 2,245.00 1,149.50 3,394.50
APPENDIX 000071
Confidential - for internal purposes only. Page 4
3/13/26, 6:36 PM iTimeKeep
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Unreleased: 5.10
Friday, March 13
Total Time: 5.10
BLD Ventures vs. SW NYC
Temporary Matter
5.10
DRAFT
Finalize motion, brief, and exhibits in support of motion for
default judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 1.50
Thursday, March 12
Total Time: 1.50
BLD Ventures vs. SW NYC 1.50
Temporary Matter
DRAFT
Continue work on draft attorney's fees affidavit.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 1.70
Tuesday, March 10
Total Time: 1.70
BLD Ventures vs. SW NYC
Temporary Matter
1.70
DRAFT
Prepare draft of attorney's fees affidavit in support of motion for
default judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 3.00
Monday, March 9
Total Time: 3.00
https://services.bellefieldcloud.com/newdesktop/#/mytime
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BLD Ventures vs. SW NYC
Temporary Matter
3.00
DRAFT
Continued draft of motion for default and memorandum in
support of default judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 3.10
Wednesday, February 25
Total Time: 3.10
BLD Ventures vs. SW NYC
Temporary Matter
3.10
DRAFT
Finalize motion for default judgment with declaration of Doug
Pak.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 2.80
Tuesday, February 24
Total Time: 2.80
BLD Ventures vs. SW NYC
Temporary Matter
2.80
DRAFT
Receipt and review of client's edits to draft motion for default
judgment and default judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 1.00
Tuesday, February 17
Total Time: 1.00
https://services.bellefieldcloud.com/newdesktop/#/mytime
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BLD Ventures vs. SW NYC
Temporary Matter
1.00
DRAFT
Receipt and review of client's edits to draft motion for default
judgment and default judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 2.00
Monday, February 16
Total Time: 2.00
BLD Ventures vs. SW NYC 2.00
Temporary Matter
DRAFT
Continued work on Drafts Motion and Judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 3.20
Friday, February 13
Total Time: 3.20
BLD Ventures vs. SW NYC
Temporary Matter 3.20
Finalize motion for default judgment and final default judgment DRAFT
following telephone call with Carolyn Follis to include fraud
findings and individual liability of owners.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 1.00
Tuesday, January 13
Total Time: 1.00
https://services.bellefieldcloud.com/newdesktop/#/mytime
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BLD Ventures vs. SW NYC
Temporary Matter
1.00
DRAFT
Meeting with Erick, Casey and [email protected],
regarding "BLD - CSE and Andrew Teams Meeting".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 0.20
Monday, January 12
Total Time: 0.20
BLD Ventures vs. SW NYC
Temporary Matter
0.20
DRAFT
Email from Lustigman, Andrew B., regarding "RE: Clerk's Entry of
Default(169384209.1) - Demand for Payment".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 2.00
Friday, January 9
Total Time: 2.00
BLD Ventures vs. SW NYC 2.00
Temporary Matter DRAFT
Continued preparation of motion for default judgment.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 3.00
Tuesday, January 6
Total Time: 3.00
BLD Ventures vs. SW NYC
Temporary Matter
2.50
DRAFT
Finalize motion for default judgment and reply to client regarding
update on same.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
https://services.bellefieldcloud.com/newdesktop/#/mytime
APPENDIX 000075 4/9
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BLD Ventures vs. SW NYC
Temporary Matter
0.50
DRAFT
Draft email to defendants informing them of default and demand
for payment and warn of potential for personal liability.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 3.30
Thursday, December 4, 2025
Total Time: 3.30
BLD Ventures vs. SW NYC
Temporary Matter
3.30
DRAFT
Continued work on motion for default judgment, order and
required exhibits.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 2.00
Monday, December 1, 2025
Total Time: 2.00
BLD Ventures vs. SW NYC
Temporary Matter
2.00
DRAFT
Sent email to Carolyn Follis, regarding "You were right....of
course".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 1.50
Friday, November 21, 2025
Total Time: 1.50
https://services.bellefieldcloud.com/newdesktop/#/mytime
APPENDIX 000076 5/9
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BLD Ventures vs. SW NYC
Temporary Matter 1.00
Sent email to [email protected], regarding "RE: DRAFT
Spaghetti Warehouse Restaurants Inc. v Spaghetti Warehouse
Restaurant of CNY LLC (Civil Action No. 3:25-cv-02727-E)".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
BLD Ventures vs. SW NYC
Temporary Matter 0.30
Email from [email protected], regarding "RE: DRAFT
Spaghetti Warehouse Restaurants Inc. v Spaghetti Warehouse
Restaurant of CNY LLC (Civil Action No. 3:25-cv-02727-E)".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
BLD Ventures vs. SW NYC 0.20
Temporary Matter
DRAFT
Email from Erick, Casey, regarding "Quick Update".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 0.80
Tuesday, November 18, 2025
Total Time: 0.80
BLD Ventures vs. SW NYC
Temporary Matter 0.80
Email from [email protected], regarding "Re: My phone DRAFT
call today". Take proposed terms from client and relay same to
opposing counsel.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 0.20
Monday, November 17, 2025
Total Time: 0.20
https://services.bellefieldcloud.com/newdesktop/#/mytime
APPENDIX 000077 6/9
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BLD Ventures vs. SW NYC
Temporary Matter
0.20
Telephone call with Carolyn Follis regarding conference call with
DRAFT
defendants, our current damages, possible negotiations, and our
response to defendants' request for an extension to file a
response.
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 0.80
Friday, November 14, 2025
Total Time: 0.80
BLD Ventures vs. SW NYC
Temporary Matter 0.10
Email from Patrick Dussol, regarding "Re: Spaghetti Warehouse DRAFT
Restaurants Inc. v Spaghetti Warehouse Restaurant of CNY LLC
(Civil Action No. 3:25-cv-02727-E) ".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
BLD Ventures vs. SW NYC
Temporary Matter 0.10
Email from [email protected], regarding "Re: FW: DRAFT
Spaghetti Warehouse Restaurants Inc. v Spaghetti Warehouse
Restaurant of CNY LLC (Civil Action No. 3:25-cv-02727-E)".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
https://services.bellefieldcloud.com/newdesktop/#/mytime
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BLD Ventures vs. SW NYC
Temporary Matter
Follow up telephone call with Defendants regarding complaint, 0.60
possible settlement and damages; Email from DRAFT
[email protected], regarding "Re: FW: Spaghetti
Warehouse Restaurants Inc. v Spaghetti Warehouse Restaurant
of CNY LLC (Civil Action No. 3:25-cv-02727-E)".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
Unreleased: 0.90
Thursday, November 13, 2025
Total Time: 0.90
BLD Ventures vs. SW NYC
Temporary Matter
0.70
DRAFT
Email from Siegel, Bill, regarding "RE: Motion to Sub and Des Lead
Counsel.docx".
Action: NA - Not Applicable
Task:
Activity:
Location: TXDA - TX - Dallas
BLD Ventures vs. SW NYC
Temporary Matter 0.20
Email from Anthony Schlur, regarding "Spaghetti Warehouse DRAFT
Restaurants Inc. v Spaghetti Warehouse Restaurant of CNY LLC
(Civil Action No. 3:Showing the first 150,000 of 152,616 characters. Full text.