Wahenberger's attorney called the suit "frivolous" and said he would move to dismiss it. A leading legal ethics expert also said the case was unlikely to succeed.
Allen Heckard, of Portland, Ore., apparently found his resemblance to basketball superstar Michael Jordan a little "distressing."
Heckard sued Jordan and Nike co-founder Phil Knight in 2006 for $862 million "for defamation and permanent injury," because he found it "distressing" to look like and be confused with Jordan.
"I'm constantly being accused of looking like Michael, and it makes it very uncomfortable for me," Heckard said at the time, according to the Chicago Tribune.
Heckard, then 51, is 6 inches shorter than Jordan, who was 43 at the time the suit was filed.
Asked how he decided to sue for $862 million, Heckard reportedly said, "Well, you figure with my age and you multiply that times seven and, ah, then I turn around and, ah, I figure that's what it all boils down to."
He dropped the suit but won the 2006 "Stella Award" given by a Web site with the same name. The award is named after the McDonald's coffee case, for most ridiculous lawsuit that year.