Meyer, Suozzi, English & Klein, P.C. v. Higbee et al

Filing 31

RESPONSE in Opposition re 30 MOTION for Service by Publication Requesting That Service of Process be Deemed Effectuated on Defendants Youngson and RM Media, 24 MOTION to Vacate 21 MOTION for Default Judgment filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit A. Higbee Defendants May 9, 2018 letter and draft complaint to Plaintiff., # 2 Exhibit B. Acknowledgment of service by mail, # 3 Exhibit C. Defendant Nick Youngsons Copyright Registration filed with the United States Copyright Office, # 4 Exhibit D. Current printout of the information on file for the Copyright Registration filed with the United States Copyright Office, # 5 Exhibit E. Request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division for service of process upon RM Media, # 6 Exhibit F. Response to request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division, # 7 Exhibit G. Docket reports of prior cases in which Jeanne Weisneck has appeared as co-counsel with the Higbee Defendants) (Schlosser, Kevin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.,
Docket No.: 18-cv-3353 (ADS) (ARL)
Plaintiff,
-againstDECLARATION OF
KEVIN SCHLOSSER

MATHEW K. HIGBEE, Esq.,
NICK YOUNGSON,
RM MEDIA, LTD.,
And HIGBEE & ASSOCIATES,
Defendants.

KEVIN SCHLOSSER declares the following pursuant to 28 U.S.C. § 1746:
1.

I am a Member of Meyer, Suozzi, English & Klein, P.C., Plaintiff law firm in this

action. As such, I am fully familiar with the facts and circumstances set forth herein.
2.

I submit this declaration in opposition to the motion to vacate default of

Defendants Nick Youngson and RM Media Ltd and in support of Plaintiff’s motion for an order
deeming service of process effectuated upon such defendants.
3.

Annexed hereto as Exhibit A is the Higbee Defendants May 9, 2018 letter and

draft complaint to Plaintiff.
4.

Annexed hereto as Exhibit B is the acknowledgment of service by mail.

5.

Annexed hereto as Exhibit C is Defendant Nick Youngson’s Copyright

Registration filed with the United States Copyright Office indicating Defendant Youngson’s
location as Liverpool, England at 15 Church Road.
6.

Annexed hereto as Exhibit D is the current printout of the information on file for

the Copyright Registration filed with the United States Copyright Office indicating Defendant
Youngson’s location as Liverpool, England at 15 Church Road.

7.

Annexed hereto as Exhibit E is the request for service sent to the Foreign Process

Section of the Royal Courts of Justice Group, Queen’s Bench Division for service of process
upon RM Media at Suite 11, Stanley Grange Business Village, Ormskirk Road, Knowsley
Village, United Kingdom.
8.

Annexed hereto as Exhibit F is the response to request for service sent to the

Foreign Process Section of the Royal Courts of Justice Group, Queen’s Bench Division,
indicating “Defendant company not known at the address given.”
9.

Annexed hereto as Exhibit G are Docket reports of prior cases in which Jeanne

Weisneck has appeared as co-counsel with the Higbee Defendants and their counsel in this
matter, Rayminh L. Ngo.
WHEREFORE, for the reasons stated in Plaintiff’s accompanying Memorandum of Law,
it is respectfully submitted that the motion to vacate default of Defendants Nick Youngson and
RM Media Ltd be denied, Plaintiff’s motion for an order deeming service of process effectuated
upon such defendants be granted and that the Court award such other relief as the Court deems
just and proper.
Dated: Garden City, New York
March 25, 2019

/s/ Kevin Schlosser
KEVIN SCHLOSSER

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