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 – PAGE 1 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 2 of 77 PageID 153 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 Casey.Erick@lewisbrisbois.com Kyndall.Richardson@lewisbrisbois.com 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 – PAGE 2 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page31of of77 16 PageID PageID154 1 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 1 1659701.1 APPENDIX 000001 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page42of of77 16 PageID PageID155 2 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 2 1659701.1 APPENDIX 000002 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page53of of77 16 PageID PageID156 3 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 3 1659701.1 APPENDIX 000003 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page64of of77 16 PageID PageID157 4 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 4 1659701.1 APPENDIX 000004 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page75of of77 16 PageID PageID158 5 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.” COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 5 1659701.1 APPENDIX 000005 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page86of of77 16 PageID PageID159 6 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.” COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 6 1659701.1 APPENDIX 000006 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151 Filed Filed03/13/26 10/07/25 Page Page97of of77 16 PageID PageID160 7 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 7 1659701.1 APPENDIX 000007 Case Case 3:25-cv-02727-E 3:25-cv-02727-E Document Document 151 Filed Filed03/13/26 10/07/25 Page Page10 8 of 77 16 PageID 161 8 33. Spaghetti Warehouse sent a formal Notice of Termination of License Agreement dated June 23, 2025. 15 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 8 1659701.1 APPENDIX 000008 Case Case 3:25-cv-02727-E 3:25-cv-02727-E Document Document 151 Filed Filed03/13/26 10/07/25 Page Page11 9 of 77 16 PageID 162 9 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 9 1659701.1 APPENDIX 000009 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 12 10 of 77 16 PageID 163 10 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. COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 10 1659701.1 APPENDIX 000010 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 13 11 of 77 16 PageID 164 11 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 COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 11 1659701.1 APPENDIX 000011 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 14 12 of 77 16 PageID 165 12 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 COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 12 1659701.1 APPENDIX 000012 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 15 13 of 77 16 PageID 166 13 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 COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DAMAGES, AND OTHER RELIEF – PAGE 13 1659701.1 APPENDIX 000013 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 16 14 of 77 16 PageID 167 14 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 1659701.1 APPENDIX 000014 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 17 15 of 77 16 PageID 168 15 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 1659701.1 APPENDIX 000015 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document15 1 Filed 03/13/26 10/07/25 Page 18 16 of 77 16 PageID 169 16 Respectfully submitted, COWLES & THOMPSON, PC By: Casey S. Erick Texas Bar No. 24028564 Email: cerick@cowlesthompson.com William l. Siegel Texas Bar No. 18342480 Email: bsiegel@cowlesthompson.com 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 APPENDIX 000016 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-1 Filed Filed 03/13/26 10/07/25 Page Page 191ofof77 3 PageID PageID 17 170 APPENDIX 000017 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-1 Filed Filed 03/13/26 10/07/25 Page Page 202ofof77 3 PageID PageID 18 171 APPENDIX 000018 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-1 Filed Filed 03/13/26 10/07/25 Page Page 213ofof77 3 PageID PageID 19 172 APPENDIX 000019 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 221ofof77 7 PageID PageID 20 173 APPENDIX 000020 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 232ofof77 7 PageID PageID 21 174 APPENDIX 000021 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 243ofof77 7 PageID PageID 22 175 APPENDIX 000022 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 254ofof77 7 PageID PageID 23 176 APPENDIX 000023 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 265ofof77 7 PageID PageID 24 177 APPENDIX 000024 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 276ofof77 7 PageID PageID 25 178 APPENDIX 000025 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-2 Filed Filed 03/13/26 10/07/25 Page Page 287ofof77 7 PageID PageID 26 179 APPENDIX 000026 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-3 Filed Filed 03/13/26 10/07/25 Page Page 291ofof77 1 PageID PageID 27 180 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 hwan.pak@bldbrands.com, 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 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-4 Filed Filed 03/13/26 10/07/25 Page Page 301ofof77 6 PageID PageID 28 181 William L. Siegel Tel: 214-672-2126 Fax: 214-672-2326 bsiegel@cowlesthompson.com 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: aschlur@gwfglaw.com, anthony@syracusespaghetti.com 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: patrick@syracusespaghetti.com 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. APPENDIX 000028 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-4 Filed Filed 03/13/26 10/07/25 Page Page 312ofof77 6 PageID PageID 29 182 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 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-4 Filed Filed 03/13/26 10/07/25 Page Page 323ofof77 6 PageID PageID 30 183 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: aschlur@gwfglaw.com, anthony@syracusespaghetti.com Attn: Patrick Dussol: patrick@syracusespaghetti.com 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 APPENDIX 000030 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-4 Filed Filed 03/13/26 10/07/25 Page Page 334ofof77 6 PageID PageID 31 184 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: Janiene.mielke@bldbrands.com William L. Siegel Office: 714-450-7641 901 Main Street, Suite 3900 Hwan Pak, Project Manager Dallas, Texas 75202 Email; Hwan.Pak@bldbrands.com Phone (214) 672-2126 Cell: 909-967-2010 Facsimile (214) 672-2326 Office: 714-509-5957 Email: bsiegel@cowlesthompson.com ATTORNEYS FOR SPAGHETTI WAREHOUSE RESTAURANTS, INC 1656316.2 APPENDIX 000031 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-4 Filed Filed 03/13/26 10/07/25 Page Page 345ofof77 6 PageID PageID 32 185 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: aschlur@gwfglaw.com, anthony@syracusespaghetti.com Attn: Patrick Dussol: patrick@syracusespaghetti.com 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 APPENDIX 000032 Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-4 Filed Filed 03/13/26 10/07/25 Page Page 356ofof77 6 PageID PageID 33 186 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: Janiene.mielke@bldbrands.com William L. Siegel Office: 714-450-7641 901 Main Street, Suite 3900 Hwan Pak, Project Manager Dallas, Texas 75202 Email; Hwan.Pak@bldbrands.com Phone (214) 672-2126 Cell: 909-967-2010 Facsimile (214) 672-2326 Office: 714-509-5957 Email: bsiegel@cowlesthompson.com ATTORNEYS FOR SPAGHETTI WAREHOUSE RESTAURANTS, INC 1656316.2 APPENDIX 000033 JS 44 (Rev. 04/21) 7;1' CIVIL COVER SHEET Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-5 Filed Filed 03/13/26 10/07/25 Page Page 361ofof77 2 PageID PageID 34 187 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'  Case Case3:25-cv-02727-E 3:25-cv-02727-E Document Document151-5 Filed Filed 03/13/26 10/07/25 Page Page 372ofof77 2 PageID PageID 35 188 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.) ,,, Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. ,9 Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. 9 Origin. Place an "X" in one of the seven boxes. 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 multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.PLEASE 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 statute. 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 statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service. 9,, Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. 9,,, Related Cases. 7KLVVHFWLRQRIWKH-6LVXVHGWRUHIHUHQFHUHODWHGFDVHVLIDQ\,IDUHODWHGFDVHH[LVWVZKHWKHUSHQGLQJRUFORVHGLQVHUWWKH GRFNHWQXPEHUVDQGWKHFRUUHVSRQGLQJMXGJHQDPHVIRUVXFKFDVHV$FDVHLVUHODWHGWRWKLVILOLQJLIWKHFDVH  LQYROYHVVRPHRUDOORIWKHVDPH SDUWLHVDQGLVEDVHGRQWKHVDPHRUVLPLODUFODLP  LQYROYHVWKHVDPHSURSHUW\WUDQVDFWLRQRUHYHQW  LQYROYHVVXEVWDQWLDOO\VLPLODULVVXHVRIODZ DQGIDFW DQGRU LQYROYHVWKHVDPHHVWDWHLQDEDQNUXSWF\DSSHDO Date and Attorney Signature. Date and sign the civil cover sheet. 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 cerick@cowlesthompson.com WILLIAM L. SIEGEL Texas Bar No. 18342480 bsiegel@cowlesthompson.com 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 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 40 of 77 PageID 191 APPENDIX 000043 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 41 of 77 PageID 192 APPENDIX 000044 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 42 of 77 PageID 193 APPENDIX 000045 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 43 of 77 PageID 194 APPENDIX 000046 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 44 of 77 PageID 195 APPENDIX 000047 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 45 of 77 PageID 196 APPENDIX 000048 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 46 of 77 PageID 197 APPENDIX 000049 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 47 of 77 PageID 198 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 48 of 77 PageID 199 012345678ÿ ÿ ÿ037ÿ3275678ÿ3ÿ7ÿ01234567ÿ2763523ÿÿ2ÿ6ÿ271ÿ432ÿÿ2ÿ3ÿ 33 7243ÿ42ÿ8ÿÿ467ÿ3ÿ7ÿ7ÿÿ7ÿ1732 7ÿ27635238ÿ437ÿÿ3ÿ624ÿ5ÿ732ÿ23ÿ0!53278ÿÿ672"7ÿ6ÿ3ÿ736ÿÿ#74ÿ$%8ÿ3442ÿÿ3 76ÿ277367ÿ6657ÿ231 >?@?ÿB?CDEÿF?GÿFEHIJHKFÿLEFEHM?GEG 7ÿ2763523ÿ77ÿÿ01234567ÿÿ%&'&ÿ3ÿ!541ÿ7437ÿ3ÿ637ÿ2ÿ376ÿ3ÿ6743ÿ44366ÿ34266ÿ(723 7ÿ2ÿ 6ÿ)428ÿ45ÿ7ÿ5*6+7ÿ271ÿ432ÿ67ÿ7ÿÿ28ÿ37ÿÿ3ÿ7237ÿ2763523ÿ2ÿ31 ÿ3ÿ63778ÿ7ÿ2763523ÿ47ÿ26ÿ466ÿ3ÿ744ÿ43776ÿ36ÿ7ÿ2736ÿ2ÿ6ÿ46527 , 7ÿ746ÿÿ467ÿ36ÿÿ73618ÿ5ÿÿ31-6ÿ437ÿ7418ÿ45ÿÿ672"7ÿ7ÿ!531ÿÿ15ÿ"7 3ÿ7ÿ2476ÿ15ÿ7.74ÿ36ÿ747ÿ6678/ÿ7ÿ6377ÿ63ÿ,ÿ73"1ÿ73268ÿ7-"7ÿ467ÿÿ467ÿ ÿ5 ÿ727ÿ"ÿ5766ÿ7ÿ251ÿÿ0ÿ56ÿ2ÿ3ÿ3ÿ738ÿ36ÿ36ÿ2ÿ7ÿ27ÿ721/ 12345ÿ7842 7ÿ%98:::*6!5327*ÿ5ÿÿ6ÿ37ÿÿ3ÿ7ÿ27ÿ36ÿ7ÿ5527ÿ7ÿÿ(4ÿ0273ÿ0568ÿ3ÿ47 327ÿ3ÿ"7ÿ643ÿ67ÿ431ÿ3ÿ36ÿÿ2362ÿ7ÿ6347ÿÿ6ÿ73!532726 (4ÿ0273ÿ056ÿ63ÿÿ7ÿ76ÿ277367ÿ3ÿÿ36ÿÿ27672"7ÿ31ÿÿ7ÿ5-6ÿ624ÿ7352768ÿ45 326ÿÿ7ÿÿ28ÿ3!57ÿ.5276ÿ3ÿ7ÿ44ÿ271ÿ432ÿ 7ÿ63476ÿÿ7ÿ275267ÿ36ÿ254ÿ676ÿ2 43668ÿ62*2ÿ"78ÿ"7ÿ6ÿ234366ÿ3ÿ72ÿ3ÿ478ÿ7ÿ431ÿ63 7ÿ7ÿ65ÿÿ457ÿ57ÿ42732ÿ6768ÿ436ÿ268ÿ231ÿ65768ÿ7"7ÿ6347ÿ3ÿ7437ÿ23 656ÿ2ÿ4376ÿÿÿ7636ÿ3ÿ*72ÿ47ÿ2767478ÿ7ÿ431ÿ63ÿ 7ÿ341ÿ6ÿ767ÿ 652ÿ47ÿ2ÿ326ÿ654ÿ36ÿ  ÿ08ÿ 3+8ÿ347ÿ3ÿ27 (31ÿ436ÿ631ÿ7ÿ2074ÿ36ÿÿ6ÿ01234567ÿ36ÿ3ÿ5ÿ2ÿ57472ÿ3278ÿ637ÿ"7 47247ÿ3ÿ3ÿ47ÿ2548ÿ672"ÿÿ43ÿ5676676ÿ3ÿ33ÿ236 (4ÿ0273ÿ056ÿ6ÿ3ÿ"6ÿÿ;2ÿ<7ÿ 7476ÿ==(8ÿ3ÿ01234567*367ÿ56766ÿ741ÿ431 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 49 of 77 PageID 200 01234ÿ67 89 ÿ  ÿÿÿ 8ÿ ÿ 9ÿÿ8 ÿÿ ÿ! " #  ÿ Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 50 of 77 PageID 201 APPENDIX 000050 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 51 of 77 PageID 202 APPENDIX 000051 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 52 of 77 PageID 203 APPENDIX 000053 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 53 of 77 PageID 204 APPENDIX 000054 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 54 of 77 PageID 205 APPENDIX 000055 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 55 of 77 PageID 206 ìíî ÔÕÖ×ÿÙÚÛ ÜÝÞßàÿÜâãäåÿæçèéÿâÞêéÝëÿàéêé ÉÊËÌÍÊÎÉÿËÐÑÒÓ §¨©ªÿ©¬­ÿ®¯°ÿ±©²ª²³´ÿµ¯¬¶ÿ·¯±³¸¯©¹ÿª¨­ÿµ¬­­ÿ§º»¼½ÿ©¾¾ÿµ¯¬ÿ¼¯¿°ÀÿÁ©ï³ÿIJ¬­ÀÿÁ¾¾¸­ÿÅÆÿ©³¹ÿº©ÂÇ°³´È jklmjÿopqr rstuvwxyzxÿ{|x}~t|vÿru€{y}}|ÿquty{~wxyÿxuvyÿ€y}xÿy‚ÿƒ|„yÿuxÿ|€|}uƒÿv~†usÿ{w‡ 012ÿ45 6789ÿÿ ÿ ÿ 2ÿÿ!" #$2ÿ2ÿÿ ÿÿ ÿ ÿ 2% ÿÿ!" &'()* +,-./0+12ÿ45,5ÿ67+,-89:;ÿ<ÿ.ÿ=>?@A>?@ÿ+BCDEFGHÿID@JKDCLÿMGÿNHAAM@NÿDÿGHE>@JÿIMOH5ÿ9PHÿO>CKHCÿ+QDNPHAAMÿ7DCHP>FGHÿEI>GHJÿMAGÿJ>>CGÿDAÿAPH H@Jÿ>OÿRSRT2ÿUFAÿDÿODGA8NC>?M@NÿJMNMADIÿE>KQD@BÿMGÿGAHQQM@NÿFQ5 V7HÿO>F@JÿAPMGÿGQDEHÿUHEDFˆ ‰Š‹ÿ ‘ŸÿGAŸ ˜GH—ÿ?H ŽDCA‘H’J“ÿMÿ@”ÿŠAP•MÿG–—‘ÿ˜•“‘““™ÿšCH’ÿÿI›>>LM@NÿO>CÿK>CHÿ>QAM>@GÿA>ÿHWQD@J2XÿGD¡M¢J£ÿÿ¥YD ÿ–—Žÿ—ŸŸÿUFG“M@“ÿHœGŠGÿDÿ@žJÿ?”HÿŠ?H ‘ÿŠ‘ ¦AAÿYDGFC2ÿO>F@JHCÿ>OÿZ[\]^ _`abcdÿ_`fg\hi5 ” Š •  ÿ’ — –™ APPENDIX 000058 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 56 of 77 PageID 207 :ÿ;ÿ:< 012ÿ456278ÿ9ÿ8562ÿ65ÿ62515ÿ6ÿ554ÿ145ÿ1ÿ1414ÿ1ÿ2514 675ÿ1 ÿ ÿ652ÿ714ÿ6ÿ5ÿ54ÿ1ÿ5552ÿ!!" 5ÿ14ÿ74ÿÿ54ÿ25645ÿ41ÿ6ÿ6ÿ256264ÿÿ6ÿ6ÿ256#5ÿ2114ÿ56$6252ÿ12ÿ%7&ÿ256ÿ1 '5ÿ1454ÿ62&54ÿ64ÿ7#5ÿ167ÿ5774ÿ1648ÿ12&ÿÿ(5254ÿ264ÿ64ÿ25612ÿ64ÿ671ÿ6ÿÿ14ÿ16ÿ6775ÿ)11 *5 ÿ+12& 0123456738395 ,5ÿ1ÿ14ÿ6&4ÿ#51ÿ64ÿ167ÿ56ÿ1454ÿ12ÿ45 5 ÿ26278 ÿ5ÿ625ÿ671ÿ#528ÿ56#8ÿ41ÿ6&4ÿ16-ÿ.62ÿ6 .62ÿ6ÿ6ÿÿ64ÿ/ÿ5ÿ71614ÿ6ÿ11ÿ1ÿÿ5ÿ 5ÿ1ÿ5ÿ65ÿ11 0123456738395 =>?@ÿB>CDÿE F GHIJHÿLMNMOLÿPQÿRQMÿSOTUISOÿNRÿVWÿMQÿXQMOÿIRYZOSLQR[ =>?@ÿB>CDÿE F \]^_ÿa_bcdÿefÿg F \]^_ÿa_bcdÿefÿg APPENDIX 000059 0123ÿ567Case 896 ÿ3:25-cv-02727-E 9ÿ8ÿ6369ÿ3 ÿ69ÿ6Document ÿ739855ÿ5678915 3ÿÿ6Filed  9603/13/26 ÿ873ÿ8ÿPage 385ÿ6ÿ57 ÿof 9ÿ9277 3 ÿ9ÿ9PageID 23ÿ 3ÿ6ÿ92208 3ÿ 873  ÿÿ855ÿ ÿ6ÿ6 96 ÿ96ÿ6ÿ8ÿ3ÿ 839ÿ6ÿ92 ÿ3ÿ83ÿ879855ÿ6 ÿ96ÿ28 3ÿ8ÿ3 39ÿ 873ÿ8ÿ355ÿ6ÿ3ÿ55ÿ3ÿ853ÿ96ÿ28 3 3 39ÿ9233ÿ9ÿ9ÿ55ÿ3ÿ7838ÿ8ÿ59ÿ ÿ6ÿ3ÿ78ÿ376ÿ8ÿ5 3938ÿ9263ÿ3 39ÿÿ22ÿ!859ÿ96ÿ 36 53ÿ26ÿ83"9ÿ233#ÿ$8 8 123ÿ3ÿ 873ÿ55ÿ753ÿ73896ÿ39ÿ 6789ÿ66ÿ8ÿ 6796 ÿ96 012ÿ8 3ÿ 873ÿ 3ÿÿ923ÿ78 859ÿ96ÿ28 3ÿ9289ÿ39ÿ ÿ855ÿÿ6 3ÿ 5873ÿ%8923ÿ928ÿ5 ÿ39ÿÿ6 3ÿ9 ÿ66ÿ3872ÿ93ÿ3ÿ55 6ÿ28 3ÿ923ÿ855ÿ6 3ÿ923ÿ5 ÿ8ÿ3ÿ78ÿ9ÿ9ÿ923ÿ7838ÿÿ&339ÿ3796 ÿ8ÿ28 3ÿ9263ÿ6 96 ÿ6ÿ6ÿ7539#ÿ$8 8 123ÿ63ÿ928ÿ'()))*!83*669ÿ 873ÿÿ553ÿ92ÿ873ÿ296 hijklmnokpkqm 0 3ÿ56 3ÿ6ÿ72ÿ6ÿ923ÿ3+9 ÿ376ÿ923ÿ6 85ÿ7ÿ6ÿ923ÿ5 #ÿ$8ÿ8 253ÿ923ÿ 873ÿÿ728 ÿ63ÿ6ÿ9ÿ69ÿ76 7ÿ3893ÿ83"9ÿ6 ÿ8233ÿ75 ÿ923ÿ39889"ÿ86ÿ96553 0123ÿ6 3ÿ6ÿ923ÿ5 ÿ923ÿ5869ÿ92 ÿ53ÿ9289ÿ 36 53ÿ83ÿ6 ÿ96ÿ376 3ÿ8ÿ 3ÿ72ÿ9289ÿ76 7ÿ 82399ÿ83263#ÿ$8 8 ,57ÿ938ÿ96ÿ8ÿ9ÿ55ÿ3ÿ538 ÿ923ÿ9ÿ566ÿ233ÿ 82399ÿ83263ÿ6 73ÿ966ÿ6ÿ923ÿ3+9ÿ3 385ÿ38ÿ123ÿ5 ÿ 873 86 3ÿ55ÿ98ÿ923ÿ83 hijklmnokpkqm rs 123tÿuÿ 76ws  x8yÿzÿÿ3+ 3793ÿ96ÿ6 3ÿÿ923ÿ3ÿ6ÿ-38ÿ.).( {|}~|ÿ€‚ƒ€ÿ„ ÿ† ÿ‡ƒˆ‰}‡ƒÿ‚†ÿŠ‹ÿÿŒ ƒÿ}†Žƒ‡€† rs/t00ÿ uÿws /2ÿxyÿz654450ÿ278495ÿ7:ÿ;77;<5 345 ‘’“ÿ•“–—˜ÿ™šÿ› =>?@ABCDEÿGHGIÿJKLMENAÿOKPBNÿQRSTÿUVVÿABCDEMÿAKMKAWKPTÿXDBMÿYNEKABNVÿYN@ÿR>EÿZKÿ?[ZVBMDKP\ÿZA>NPSNME\ÿAK]ABEEKR\ÿ>AÿAKPBMEABZ[EKPT ‘’“ÿ•“–—˜ÿ™šÿ› ^_`a^`bcdÿf`agcag 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 Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 69 of 77 PageID 220 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 APPENDIX 000072 1/9 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 70 of 77 PageID 221 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 APPENDIX 000073 2/9 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 71 of 77 PageID 222 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 APPENDIX 000074 3/9 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 72 of 77 PageID 223 BLD Ventures vs. SW NYC Temporary Matter 1.00 DRAFT Meeting with Erick, Casey and ALustigman@olshanlaw.com, 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 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 73 of 77 PageID 224 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 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 74 of 77 PageID 225 BLD Ventures vs. SW NYC Temporary Matter 1.00 Sent email to patrick@syracusespaghetti.com, 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 patrick@syracusespaghetti.com, 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 carolyn.follis@lawyer.com, 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 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 75 of 77 PageID 226 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 carolyn.follis@lawyer.com, 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 APPENDIX 000078 7/9 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 76 of 77 PageID 227 BLD Ventures vs. SW NYC Temporary Matter Follow up telephone call with Defendants regarding complaint, 0.60 possible settlement and damages; Email from DRAFT carolyn.follis@lawyer.com, 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. 3:25-cv-02727-E)". Action: NA - Not Applicable Task: Activity: Location: TXDA - TX - Dallas Unreleased: 0.20 Monday, November 10, 2025 Total Time: 0.20 https://services.bellefieldcloud.com/newdesktop/#/mytime APPENDIX 000079 8/9 3/13/26, 6:36 PM iTimeKeep Case 3:25-cv-02727-E Document 15 Filed 03/13/26 Page 77 of 77 PageID 228 BLD Ventures vs. SW NYC Temporary Matter 0.20 DRAFT Email from carolyn.follis@lawyer.com, regarding "Re: SWRI v SWCNY 3:25-cv-02727 v". Action: NA - Not Applicable Task: Activity: Location: TXDA - TX - Dallas Unreleased: 2.00 Tuesday, October 28, 2025 Total Time: 2.00 BLD Ventures vs. SW NYC Temporary Matter 1.20 Receipt and review of notice of successful service on defendant; DRAFT calculate response deadline, set temporary restraining order/temporary injunction hearing; and inform client of same. Action: NA - Not Applicable Task: Activity: Location: TXDA - TX - Dallas BLD Ventures vs. SW NYC 0.80 Temporary Matter DRAFT Draft a notice of change of address and serve on all parties. Action: NA - Not Applicable Task: Activity: Location: TXDA - TX - Dallas https://services.bellefieldcloud.com/newdesktop/#/mytime APPENDIX 000080 9/9