Ardis Health, LLC et al v. Nankivell

Filing 14

AFFIRMATION of Gail I Auster in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Ashleigh Nankivell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Auster, Gail)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ARDIS HEALTH, LLC; CURB YOUR CRAVINGS, LLC
And USA HERBALS, LLC,
Index No. 11 Civ 5013
Plaintiff,
AFFIRMATION OF GAIL I.
AUSTER

- againstASHLEIGH NANKIVELL,
Defendant.

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Gail I. Auster, Esq., an attorney duly admitted to practice in this Court, does
hereby affirm to be true under the penalties of perjury as follow:
I.

I am the attorney for Defendant Ashleigh Nankivel. I submit this Affirmation in

support of Plaintiff s Motion to Dismiss on the basis of Fed.R.Civ.P. Rule 12 (b)(5).
2.

Attached hereto as Exhibit 1 is a true and correct copy of the Better Business

Bureau website report of Plaintiffs USA Herbals and Curb Your Cravings printed on August 24,
2011.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the Affidavit of

Attempted Service dated August 4,2011 and signed by Joseph Santos.
4.

Attached hereto as Exhibit 3 is a true and correct copy of the Affidavit of Service

dated August 4, 2011 and signed by Randy Barona.
WHEREFORE, Defendant's Motion to Dismiss the Complaint should be granted in
in its entirety.

Dated: New York, New York
August 24, 2011
Respectfully submitted,
THE LAW OFFICES OF GAIL I. AUSTER &
ASSOCIATES P.C.

BY:~~~ILd~~~U~'-2--'-"-"'"t

Gail
17 Batt
lace, Suite 711
New York, New York, NY 10004
[phone]
Attorneys for Defendant