Friedman v. Apple, Inc. et al

Filing 2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smy) (jcj).

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

SOUTHERN DISTRICT OF CALIFORNIA
Aaron Friedman, on behalf on himself and all others similarly
situated

Plaintiff

v.

Apple, Inc., a California Corporation; AT&T Mobility, LLC, a
Delaware Corporation, and DOES 1 through 10, inclusive

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)
)
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Civil Action No. 10CV2403-JLS (POR)

Defendant

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Gayle M. Blatt
Michael Ian Rott
Caser, Gerry, Schenk, Francavilla, Blatt & Penfield LLP Hiden, Rott & Oertle, LLP
110 Laurel Street
2635 Camino del Rio South
San Diego, CA 92101
Suite 306
San Diego, CA 92108

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
W. Samuel Hamrick, Jr.

CLERK OF COURT
Date:

11/22/10

S/ S. Yaptangco
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 10CV2403-JLS (POR)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

.

I declare under penalty of perjury that this information is true.
Date:
Server’s signature

Printed name and title

Server’s address

NOTICE OF RIGHT TO CONSENT TO TRIAL BY A UNITED STATES MAGISTRATE JUDGE
IN ACCORDANCE WITH THE PROVISION OF 28 USC 636(C) YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE
JUDGE OF THIS DISTRICT MAY, UPON CONSENT OF ALL PARTIES, CONDUCT ANY OR ALL PROCEEDINGS,
INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT.
YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT CONSENT IS ENTIRELY VOLUNTARY AND
SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE
JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION.
JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN
ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE.