Spaghetti Warehouse Restaurants Inc v. Spaghetti Warehouse Restaurant of CNY LLC — Entry #11: Request for Clerk to issue Entry of Default filed by Spaghetti Warehouse Restaurants Inc
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 #11 · filed December 04, 2025
Request for Clerk to issue Entry of Default filed by Spaghetti Warehouse Restaurants Inc. (Attachments: # 1 Proposed Order) (Erick, Casey) (Entered: 12/04/2025)
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
4 page(s), 6,604 characters, converted from the PDF's text layer · plain text.
Full text
Case 3:25-cv-02727-E Document 11 Filed 12/04/25 Page 1 of 4 PageID 115
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPAGHETTI WAREHOUSE §
RESTAURANTS, INC. §
§
Plaintiff §
§ CIVIL ACTION NO. 3:25-cv-02727-E
v. §
§
SPAGHETTI WAREHOUSE
§ JURY DEMANDED
RESTAURANT OF CNY, LLC,
§
Defendant §
§
§
PLAINTIFF’S REQUEST FOR CLERK’S ENTRY OF DEFAULT
To the Clerk of the U.S. District Court for the Northern District of Texas:
Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, Plaintiff, Spaghetti
Warehouse Restaurants, Inc, requests that the Clerk of this Honorable Court enter the Default of
Defendant, Spaghetti Warehouse Restaurant of CNY, LLC, for failure to plead or otherwise
defend as provided by the Federal Rules of Civil Procedure, and as supported from the declaration
of Casey S. Erick, Esq., attached hereto.
DATED: December 4, 2025. LEWIS BRISBOIS BISGAARD & SMITH LLP
Casey S. Erick
TX State Bar No. 24028564
2100 Ross Avenue, Suite 2000
Dallas, Texas 75201
Telephone: 214.722.7107
Fax: 214.722.7111
[email protected]
168050854.1 PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT – PAGE 1
Case 3:25-cv-02727-E Document 11 Filed 12/04/25 Page 2 of 4 PageID 116
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the 4th day of December 2025, 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:
Spaghetti Warehouse Restaurant of CNY, LLC
Anthony N. Schlur, Esq.
125 Park Avenue, 12th Floor
New York, NY 10017
______________________________
CASEY S. ERICK
168050854.1 PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT – PAGE 2
Case 3:25-cv-02727-E Document 11 Filed 12/04/25 Page 3 of 4 PageID 117
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPAGHETTI WAREHOUSE §
RESTAURANTS, INC. §
§
Plaintiff §
§ CIVIL ACTION NO. 3:25-cv-02727-E
v. §
§
SPAGHETTI WAREHOUSE
§ JURY DEMANDED
RESTAURANT OF CNY, LLC,
§
Defendant §
§
§
DECLARATION OF CASEY S. ERICK IN SUPPORT OF
PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT
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 counsel for Plaintiff, and submit this Declaration in support of Plaintiff’s
Request for Entry of Default.
3. On October 7, 2025, Plaintiff filed its Complaint for Permanent and Injunctive
Relief, Damages and Other Relief. [Doc. 1].
4. On October 8, 2025, the Court issued a Summons as to Defendant, Spaghetti
Warehouse Restaurant of CNY, LLC. [Doc. 6].
5. On October 27, 2025 in accordance with Fed. R. Civ. P. 4, Defendant was served
and the Return of Service was filed on November 12, 2025. [Doc. 8].
6. 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
168050854.1 PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT – PAGE 3
Case 3:25-cv-02727-E Document 11 Filed 12/04/25 Page 4 of 4 PageID 118
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.
7. Since being served, Plaintiff’s counsel has had substantive discussions with both
Mr. Schlur and Mr. Dussol regarding this lawsuit.
8. Pursuant to Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Defendant
was required to file an answer or other responsive pleading within 21 days after being served.
Because service was effected on October 27, 2025, Defendant's answer or other responsive
pleading was due on or before November 17, 2025.
9. 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).
10. Defendant is not an infant, incompetent person, in active military service of the
United States of America or its officers or agents.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 5, 2025.
_____________________________
CASEY S. ERICK
168050854.1 PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT – PAGE 4