Miller v. Facebook, Inc. et al

Filing 65

CERTIFICATE OF SERVICE by Daniel M. Miller Proof of Service on Defendant Yeo. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Hancock, Brian) (Filed on 7/8/2010)

Miller v. Facebook, Inc. et al

Doc. 65 Att. 1

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D. GILL SPERLEIN (172887) THE LAW OFFICE OF D. GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, California 94114 Telephone: [phone] Facsimile: [phone] [e-mail] DOUGLAS L. BRIDGES (pro hac vice) HENINGER GARRISON DAVIS LLC 1 Glenlake Parkway, Suite 700 Atlanta, Georgia 30328 Telephone: [phone] Facsimile: [phone] [e-mail] BRIAN D. HANCOCK (pro hac vice) HENINGER GARRISON DAVIS LLC 2224 1st Avenue North Birmingham, AL 35203 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff, DANIEL M. MILLER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DANIEL M. MILLER, Plaintiff, vs. FACEBOOK, INC. and YAO WEI YEO, Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: CV-10-264 (WHA) DECLARATION OF BRIAN D. HANCOCK SUPPLEMENTING PROOF OF SERVICE OF DEFENDANT YAO WEI YEO

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DECLARATION OF BRIAN D. HANCOCK SUPPLEMENTING PROOF OF SERVICE OF DEFENDANT YAO WEI YEO CV-10-264 (WHA)

Dockets.Justia.com

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I, Brian D. Hancock, declare as follows: 1. My name is Brian D. Hancock. I am over eighteen years of age and am competent

to testify about the matters set forth herein. I have personal knowledge of the matters set forth herein. 2. I am an attorney at Heninger Garrison Davis, LLC, 2224 1st Avenue North,

Birmingham, Alabama 35203, a law firm representing Plaintiff Daniel M. Miller in the abovestyled litigation. 3. In addition to the actions taken by Plaintiff's counsel, prior to May 26, 2010, to

locate and serve Defendant Yao Wei Yeo with the complaint in this matter, as set forth in the Declaration of Douglas L. Bridges submitted to the Court on May 27, 2010, the Plaintiff has taken additional action, including, but not limited to, the actions enumerated below, to locate and serve Defendant Yeo with the Second Amended Complaint. 4. The Plaintiff served a subpoena duces tecum on Media Temple, Inc., a website

hosting and software application services company in Culver City, California, on June 3, 2010, seeking all information in its possession pertaining to Defendant Yao Wei Yeo ("Yeo"). Media Temple responded by providing information showing that Yeo is the listed account owner for the "ZWIGGLERS.COM" domain name. The address listed by Media Temple for Yeo is 353 Third Avenue, Suite 246, New York, NY 10010. 5. This is the address for UPS Store 5865 in Manhattan. The "Suite" number is a

mailbox number. On June 10, 2010, the Plaintiff served a subpoena duces tecum on this UPS store to which UPS responded by providing a Mailbox Service Agreement and Application for Delivery of Mail Through Agent form attached hereto as Plaintiff's Exhibit "A".
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DECLARATION OF BRIAN D. HANCOCK SUPPLEMENTING PROOF OF SERVICE OF DEFENDANT YAO WEI YEO CV-10-264 (WHA)

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6.

On June 17, 2010, the Plaintiff issued the Summons and Second Amended

Complaint via Certified Mail to "Yao Wei Yeo, 353 3rd Avenue, Suite 246, New York, NY 10010". On June 28, 2010, the Summons and Second Amended Complaint were delivered to that address and the certified mail receipt was signed by "Alex", an employee of UPS Store 5865. A copy of the "Track & Confirm" information from the United States Postal Service's website evidencing the June 28th delivery is attached hereto as Plaintiff's Exhibit "B". A copy of the certified mail receipt is attached hereto as Plaintiff's Exhibit "C". 7. Pursuant to Federal Rule of Civil Procedure 4(e)(1) and §415.40 of the California

Code (2009), service was effected as against Defendant Yeo ten (10) days after delivery of the Summons and Second Amended Complaint to UPS Store 5865, or July 8, 2010. 8. All other actions taken by the Plaintiff to locate and serve Defendant Yeo, such as

serving a subpoena duces tecum on Apple, Inc.,Verizon Wireless, and T-Mobile f/k/a Omnipoint Communications, Inc.; requesting all pertinent records from the New York Department of Motor Vehicles; and having a "skip trace" performed by MLQ Attorney Services in Atlanta, Georgia, have not resulted, at present, in any information helpful to the Plaintiff in perfecting service as to Yeo. I declare under penalty of perjury that the foregoing is true and correct.

July 8, 2010_________________ Date

_/s/ Brian D. Hancock_________________ Brian D. Hancock

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DECLARATION OF BRIAN D. HANCOCK SUPPLEMENTING PROOF OF SERVICE OF DEFENDANT YAO WEI YEO CV-10-264 (WHA)