Libyan Jamahiriya Broadcasting Corporation v. Saleh

Filing 23

Declaration of Jennifer L. Ishimoto in Support of 22 MOTION for Entry of Default filed byLibyan Jamahiriya Broadcasting Corporation. (Related document(s) 22 ) (Ishimoto, Jennifer) (Filed on 2/11/2011)

1 JOHN R. FUISZ (pro hac vice)
THE FUISZ-KUNDU GROUP LLP
2 1455 Pennsylvania Avenue, NW
Suite 400
3 Washington, DC 20004
Telephone: [phone]
4 E-mail: [e-mail]
5 JENNIFER L. ISHIMOTO (SBN 211845)
BANIE & ISHIMOTO LLP
6 600 Chesapeake Drive
Redwood City, CA 94063
7 Telephone: [phone]
E-mail: [e-mail]
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Attorneys for Plaintiff
9 Libyan Jamahiriya Broadcasting Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Libyan Jamahiriya Broadcasting
Corporation,

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Plaintiff,
vs.
Abdalla Saleh,

Civil Action No. 5:10-CV-03713-JF PVT
DECLARATION OF JENNIFER L.
ISHIMOTO IN SUPPORT OF REQUEST FOR
DEFAULT

Defendant.

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Pursuant to 28 U.S.C. § 1746, I, Jennifer L. Ishimoto, being of mature age and having

23 mental capacity to do so, hereby declares and state as follows:
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1. I have personal knowledge of the facts alleged herein and could competently testify

25 thereto in a Court of law.
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2. On August 10, 2010, Defendant Saleh submitted a counter-designation under 17 U.S.C.

27 §512 in which he swore under oath that he “will accept service of process from claimant.”
-128

BANIE & ISHIMOTO
LLP

DECLARATION OF JENNIFER L. ISHIMOTO
CIVIL ACTION NO. 5:10-CV-03713-JF PVT

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3. On August 20, 2010 this lawsuit was filed and Defendant Saleh was provided with an

2 email to [e-mail] with a copy of the Complaint.
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4. On September 27, 2010, Plaintiff filed an Ex Parte Application of Order Authorizing

4 Alternate Service of Process.
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5. On September 27, 2010, counsel sent an email to [e-mail] containing the

6 Ex Parte motion and all exhibits.
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6. On October 14, 2010, this Court granted an Order authorizing service by email. On

8 October 14, 2010, both John Fuisz and Jennifer Ishimoto, both counsel of record, attempted to
9 serve [e-mail] by email with the Complaint and Summons, but the emails were
10 returned as being undeliverable because the email account had been deactivated during the
11 intervening period. On November 17, 2010, Plaintiff filed an Ex Parte Application for an Order
12 Authorizing Service or Process by Publication or in the Alternate for Default.
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7. On December 10, 2010, Judge Fogel granted Plaintiff’s application to serve by publication

14 in an appropriate publication in Toronto, Canada.
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8. On December 24, 2010, the Toronto Star Newspaper published the Notice as evidenced by

16 the Affidavit as to Insertion of Notice. On information and belief, Defendant’s Answer or motion
17 under Rule 12 of the Federal Rules of Civil Procedure were due on January 14, 2011. Plaintiff
18 has not received any response from the Defendant.
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9. To the Plaintiff’s best knowledge, Defendant Saleh is not a minor and not incompetent.

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I declare under penalty of perjury that the foregoing is true and correct to the best of my

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22 ability.
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Dated: February 11, 2011

/s/ Jennifer L. Ishimoto
Jennifer L. Ishimoto

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BANIE & ISHIMOTO
LLP

-2DECLARATION OF JENNIFER L. ISHIMOTO
CIVIL ACTION NO. 5:10-CV-03713-JF PVT