Miller v. Facebook, Inc. et al

Filing 81

MOTION for Default Judgment as to Defendant Yao Wei Yeo filed by Daniel M. Miller. (Attachments: # 1 Declaration of Brian D. Hancock Supporting Entry of Default Against Defendant Yao Wei Yeo)(Hancock, Brian) (Filed on 9/22/2010)

Miller v. Facebook, Inc. et al

Doc. 81 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, Alabama 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 SUPPORTING ENTRY OF DEFAULT AGAINST DEFENDANT YAO WEI YEO

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DECLARATION OF BRIAN D. HANCOCK SUPPORTING ENTRY OF DEFAULT AGAINST 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. Pursuant to Rule 4(e)(1) of the Federal Rules of Civil Procedure, §§ 415.40 and

417.20 of the California Code of Civil Procedure, and applicable case law, Defendant Yao Wei Yeo was duly served with a copy of the Summons and Second Amended Complaint on July 8, 2010, as set forth in the Plaintiff's Proof of Service filed on that same date (Dkt. No. 65). 4. More than twenty-one (21) days have elapsed since the date upon which said

Defendant was served with the Summons and Second Amended Complaint. 5. In violation of Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure,

Defendant Yeo has failed to answer or otherwise defend as to Plaintiff's Second Amended Complaint, or serve a copy of any answer or other defense that he might have upon the undersigned attorney of record for the Plaintiff. 6. This Declaration is executed by the undersigned attorney of record for the Plaintiff

in accordance with Rule 55(a) of the Federal Rules of Civil Procedure for the purpose of enabling the Plaintiff to obtain an entry of default against Defendant Yeo for his failure to answer or otherwise defend as to Plaintiff's Second Amended Complaint.

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DECLARATION OF BRIAN D. HANCOCK SUPPORTING ENTRY OF DEFAULT AGAINST DEFENDANT YAO WEI YEO CV-10-264 (WHA)

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I declare under penalty of perjury that the foregoing is true and correct.

September 22, 2010 Date

/s/ Brian D. Hancock Brian D. Hancock

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DECLARATION OF BRIAN D. HANCOCK SUPPORTING ENTRY OF DEFAULT AGAINST DEFENDANT YAO WEI YEO CV-10-264 (WHA)