Apple Computer Inc. v. Burst.com, Inc.

Filing 10

SUMMONS Returned Executed by Apple Computer Inc.. Burst.com, Inc. served on 1/6/2006, answer due 1/26/2006. (Brown, Nicholas) (Filed on 2/3/2006)

Apple Computer Inc. v. Burst.com, Inc.

Doc. 10

Case 3:06-cv-00019-MHP

Document 10

Filed 02/03/2006

Page 1 of 3

MATTHEWD. POWERS (BarNo. 104795)
matthew. powers(q)weil. com

NICHOLAS A. BROWN (BarNo. 198210)
nicho las. brown(q)weil. com

WEIL , GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores , CA 94065
Telephone: [phone]

Facsimile: (650) 802- 3100

Attorneys for Plaintiff
APPLE COMPUTER, INc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

APPLE COMPUTER, INc.

Case No. CV 06-00019 MHP PROOF OF SERVICE OF SUMMONS,

Plaintiff

COMPLAINT, ETc.

BURST.COM , INC.
Defendant.

Dated: February

3

2006

WEIL , GOTSHAL & MANGES LLP
By:

/s/ Nicholas A. Brown Nicholas A. Brown Attorneys for Plaintiff APPLE COMPUTER, INc.

PROOF OF SERVICE

Case No. CV 06-00019 MHP

Dockets.Justia.com

(-""/ ,;", . , ,

~~\

~;;~
Document 10 Filed 02/03/2006 Page 2 of 3

i,

1('"

Cais,e 3:06-cv-00019-MHP \ ii ~n

"d'

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
APPLE COMPUTER, INC.

l!"IFiJing
SUMMONS IN A CIVIL CASE
CASE NUMBER:

BURST. COM , INC.

~ it'

UUUlt1JL
;:J;~'
f"""" 'T'::,

""f' qf"1

TO: (Name and address of defendant)
Burst. corn , Inc.

Santa Rosa, CA 95404

613 Fourth Street, Suite 201

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and address)

Matthew D.

Powers Nicholas A. Brown WElL , GOTSHAL & MANGES LLP 201 Redwood Shores Parkway

Redwood Shores, CA 94065

an answer to the complaint which is herewith served upon you , within days after service of this summons upon you exclusive of the day of service. If you fail to do so , judgement by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.

twenty

Richard' W. Wiekina
CLERK

DATE

JAN

0 4 20,06

(BY) DEPiJT'.'CLERK
NDCAO440

n'pR of. , ~ ~"'rJ.WT ft ~I'\ I1!"

,\~q::1 'ii.1, \i\1

'-.

Case 3:06-cv-00019-MHP

Document 10

Filed 02/03/2006

Page 3 of 3

AFFIDAVIT OF PROCESS SERVER
In The United States District Court in and for Northern District of California
Apple Computer, Inc.
Plaintiff( s )
Case No: C 06 00019 JL

Burstcom, Inc. Defendant( s)
I declare that I am a citizen of the United States , over the age of eighteen and not a party to this action. And that within the boundaries of the state where service was effected, I was authorized by law to perform said service.

Service: I served Burstcom, Inc.
With the (documents) Summons; Civil Cover Sheet; Civil Local RIDe 3- 16 Certification; Complaint for Declaratory Judgment; Order

Setting Initial Case Management Conference and ADR Deadlines; ECF Registration Information Handout; Fee Schedule Summary, etc; and ADR Dispute Resolution Procedures Booklet
Person Served: Scott LaScala of The Corporation Trust Company, Managing Agent

Service Address: The Corporation Trust Company, 1209 N. Orange St , Wilmington, Delaware 19801
Date of Service: January 6

, 2006

Time of Service: 1:15 p.

Manner of Service: ex) By personally delivering copies to the person/authorized agent of entity being served.
() By leaving, during office hours, copies at the office of the person/entity being served, leaving same with the person apparently in charge thereof 0 By leaving copies at the dwelling house or usual place of abode of the person being served, with a member of the household 18 or older and explaining the general nature of the papers. ( ) By posting copies in a conspicuous manner to the address of the person/entity being served.

Non- Service: After due

search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s):

( ) Unknown at address

( ) Address does not exist ( ) Service canceled by Litigant () Unable to serve

Service Attempts: Service was attempted on

Description: Age: 48

at
2006

( ) Evading
Sex: M
Race: W

( ) Moved, left no forwarding () Other in a timely fashion

Hgt: 5' 11"

Wgt: 170

Hair: Brown Glasses: Yes

I declare under penalty of perjury that the information contained herein is true and correct and this affidavit was executed on:
anuatV Date

at Wilmington. Delaware
State
!J~

City

-1!-.

Daniel Newcomb, Process Server

State of Delaware County of New Castle

Delaware Attorney Services
2000 Pennsylvania Avenue, Suite 207

Wilmington, Delaware 19806 [phone]

Subscribed and sworn before me a Notary Public of the State of Delaware on January 9 , 2006
Witness My Hand and Official Seal To

KIMBERLY J" RYAN
r40TARV'

PlJ~U~D~

Q.Ba8i.O"i

~i&.'