Electronic Arts Inc. et al v. Giant Productions et al

Filing 11

Declaration of RYAN M. KENT in Support of 10 MOTION for Entry of Default (Request For Entry of Default) filed byElectronic Arts Inc., Electronic Arts Music Publishing, Inc.. (Related document(s)10) (Kent, Ryan) (Filed on 9/13/2006)

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Electronic Arts Inc. et al v. Giant Productions et al Doc. 11 Case 3:06-cv-03403-JSW Document 11 Filed 09/13/2006 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP R. JAMES SLAUGHTER - #192813 RYAN M. KENT - #220441 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Plaintiffs ELECTRONIC ARTS INC. and ELECTRONIC ARTS MUSIC PUBLISHING, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELECTRONIC ARTS INC., a Delaware Corporation, and ELECTRONIC ARTS MUSIC PUBLISHING, INC., a Delaware Corporation, Plaintiffs, v. GIANT PRODUCTIONS, a French Corporation, NAJIB MARC REGHAY, an individual, and ALEXANDRA BERTHET, an individual, Defendants. Case No. C06-3403 JSW DECLARATION OF RYAN M. KENT IN SUPPORT OF REQUEST TO ENTER DEFAULT 380330.01 KENT DECL. IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT Case No. C06-3403 JSW Dockets.Justia.com Case 3:06-cv-03403-JSW Document 11 Filed 09/13/2006 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, RYAN M. KENT, declare and state as follows: 1. I am an attorney licensed to practice law in the State of California and am an associate in the law firm of Keker & Van Nest, LLP, counsel for Plaintiffs Electronic Arts Inc. and Electronic Arts Music Publishing, Inc. (collectively "EA") in the above-captioned matter. Except as otherwise noted, I have personal knowledge of the facts stated in this Declaration, and if called as a witness I could and would competently testify to them under oath. 2. On May 24, 2006, EA filed the Complaint against Defendants Giant Productions, Najib Reghay, and Alexandra Berthet. EA elected to request waiver of service from Defendants. Counsel for EA thus sent a letter by email and federal express to counsel for Defendants enclosing requests for waiver of formal service of process and explaining the procedure set forth in Rule 4(d). Specifically, the letter informed Defendants' counsel that: This procedure is intended to reduce the costs that adhere to formally serving process. By agreeing to accept service, you will grant your clients an extension of time that your clients must respond to the Complaint to 90 days from the date when the request for waiver was sent. On the other hand, if you refuse to do so, we will serve the Complaint by formal means and the law requires your clients pay the costs of such formal service absent "good cause" for refusal. If you wish to confirm my brief summary of the law, you may review Federal Rule of Civil Procedure 4, which governs requests to waive formal service of process. The letter concluded by requesting that Defendants' counsel "sign and date the waiver of formal service of process as indicated on those forms and return them to us using the self-addressed envelope provided." The requests for waiver of service complied in every way with Rule 4(d). 3. Each Defendant agreed to waive service and returned executed waivers of service to EA. EA filed those executed waivers on June 5, 2006. No Defendant, however, has filed a responsive pleading. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at San Francisco, California, on September 13, 2006. /s/ Ryan Kent RYAN M. KENT 1 380330.01 KENT DECL. IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT Case No. C06-3403 JSW Case 3:06-cv-03403-JSW Document 11 Filed 09/13/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the City and County of San Francisco, State of California in the office of a member of the bar of this court at whose direction the following service was made. I am over the age of eighteen years and not a party to the within action. My business address is Keker & Van Nest, LLP, 710 Sansome Street, San Francisco, California 94111. On September 13, 2006, I served the following document(s): DECLARATION OF RYAN M. KENT IN SUPPORT OF REQUEST TO ENTER DEFAULT by FEDERAL EXPRESS, by placing a true and correct copy in a sealed envelope addressed as shown below. I am readily familiar with the practice of Keker & Van Nest, LLP for correspondence for delivery by FedEx Corporation. According to that practice, items are retrieved daily by a FedEx Corporation employee for overnight delivery. Béatrice Dubreuil Association d'Avocats 121, Champs Elysées 75008 PARIS ­ FRANCE Executed on September 13, 2006, at San Francisco, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. /s/ Maureen L. Stone MAUREEN L. STONE 380330.01 KENT DECL. IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT Case No. C06-3403 JSW

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