Taylor Swift v. Malcolm Matthews, et al

Filing 90

DECLARATION of Natalya L. Rose in Support of Plaintiff's Motion for Entry of Default under Fed. R. Civ. P. 55(a) filed by Taylor Swift re: 89 MOTION for Entry of Default under Fed. R. Civ. P. 55(a). (Attachments: # 1 Exhibit A - Electronic Copies of Military Status Reports)(Rose, Natalya)

Taylor Swift v. Malcolm Matthews, et al

Doc. 90

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE IN NASHVILLE

TAYLOR SWIFT, Plaintiff v. MALCOLM MATTHEWS; RENEE SUSAN MITCHELL; LOUIS MOORE; MARTIN D. QUATTLEBAUM; MARSHA DYONNE TYLER; MELLISSA LIEBERMAN; EDWARD FRIEDMAN; KENNETH JOHNSON; ROBERT VINCENT ESTRONZA; TAIEF HASSON WALLACE; VANCE HILL; VERNANDO SMITH; ANDRE ANTHONY JONES; FRANK PARSONS; CARLO PONTI SMITH; WILBERT G. PRINCE; MERVIN A. BROWN; ERIC LOPP; JEFFREY L. WATKINS; DENNIS LANE WEAVER; KILO JAMES; TYRONE "PIGGY" SQUIRES; BURRELL DICKERSON; and BRAULIO RIVIERA, Defendants Civil Action No. 3:09-CV-0442 Judge Wiseman Magistrate Judge Griffin FILED UNDER SEAL

DECLARATION OF NATALYA L. ROSE IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT UNDER FED. R. CIV. P. 55(A)

I, Natalya L. Rose, declare that: 1. I am above the age of majority, of sound mind, and make this declaration

based upon my own personal knowledge or, if so identified, upon my own information and belief.

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2.

I am a citizen and resident of Davidson County, Tennessee, and am an

attorney admitted to practice law in the State of Tennessee and before this Court. I have entered an appearance before this Court on behalf of, and am an attorney of record for, Plaintiff Taylor Swift ("Plaintiff"). 3. On May 18, 2009, Plaintiff filed her Verified Complaint, naming Malcolm

Matthews, Renee Susan Mitchell, Louis Moore, Martin D. Quattlebaum, Marsha Dyonne, Various John Does, Various Jane Does and Various XYZ Corporations as defendants ("Complaint"). Document 1. 4. On May 27, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Martin D. Quattlebaum ("Quattlebaum") by hand delivery at what is believed to be Defendant Quattlebaum's place of residence, namely, 8556 Kendrick Road, Jonesboro, Georgia 30238. Proof of such service was filed with this Court on June 3, 2009. Document 23. 5. On June 10, 2009, Plaintiff filed her First Amended Verified Complaint,

naming Brendan Schiff, Melissa Lieberman and Edward Friedman as additional defendants ("First Amended Complaint"). Document 26. 6. On June 24, 2009, service of the First Amended Complaint, together with

a properly issued Summons, was effected on Robert Vincent Estronza ("Estronza") by U.S. Certified Mail delivery at what is believed to be Defendant Estronza's place of residence, namely, 1281 Brockett Road, Clarkston, GA 30021. Proof of such service was filed with this Court on July 13, 2009. Document 38. 7. On September 3, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Vance Hill ("Hill") by hand delivery in the vicinity of

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Gwinnett Arena, 6500 Sugarloaf Parkway, Duluth, Georgia 30097. Proof of such service was filed with this Court on October 2, 2009. Document 69. 8. On September 3, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Vernando Smith ("Vernando Smith") by hand delivery in the vicinity of Gwinnett Arena, 6500 Sugarloaf Parkway, Duluth, Georgia 30097. Proof of such service was filed with this Court on October 2, 2009. Document 71. 9. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Andre Anthony Jones ("Jones") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 2, 2009. Document 74. 10. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Frank Parsons ("Parsons") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 7, 2009. Document 75. 11. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Carlo Ponti Smith ("Carlo Ponti Smith") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 2, 2009. Document 76. 12. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Wilbert G. Prince ("Prince") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 2, 2009. Document 77.

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13.

On September 5, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Mervin A. Brown ("Brown") by hand delivery in the vicinity of Time Warner Cable Arena, Charlotte, North Carolina 28202. Proof of such service was filed with this Court on October 2, 2009. Document 68. 14. On September 5, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Eric Lopp ("Lopp") by hand delivery in the vicinity of Time Warner Cable Arena, Charlotte, North Carolina 28202. Proof of such service was filed with this Court on October 2, 2009. Document 70. 15. On September 5, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Jeffrey L. Watkins ("Watkins") by hand delivery in the vicinity of Time Warner Cable Arena, Charlotte, North Carolina 28202. Proof of such service was filed with this Court on October 2, 2009. Document 72. 16. On April 30, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Dennis Lance Weaver ("Weaver") by hand delivery in the vicinity of Colonial Life Arena, Columbia, South Carolina. Proof of such service was filed with this Court on July 8, 2010. Document 85. 17. On May 12, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Kilo James ("James") by hand delivery in the vicinity of Prudential Center, Newark, New Jersey. Proof of such service was filed with this Court on July 8, 2010. Document 82. 18. On May 12, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Tyrone "Piggy" Squires ("Squires") by hand delivery at in the

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vicinity of Prudential Center, Newark, New Jersey. Proof of such service was filed with this Court on July 8, 2010. Document 84. 19. On May 14, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Burrell Dickerson ("Dickerson") by hand delivery in the vicinity of Nassau Veterans Memorial Coliseum, Uniondale, New York 11553. Proof of such service was filed with this Court on July 8, 2010. Document 81. 20. On May 14, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Braulio Riviera ("Riviera") by hand delivery in the vicinity of Nassau Veterans Memorial Coliseum, Uniondale, New York 11553. Proof of such service was filed with this Court on July 8, 2010. Document 83. 21. Defendants Quattlebaum, Estronza, Hill, Vernando Smith, Jones, Parsons,

Prince, Carlo Ponti Smith, Brown, Lopp, Watkins, Weaver, James, Squires, Dickerson and Riviera have not filed either an answer, a request for extension of time to answer, or some other pleading responsive to the Complaint or the First Amended Verified Complaint, due to be filed with the Court on or before June 3, 2010. 22. Counsel for Plaintiff has no reason to believe that Defendants are in

military service. Service of process was effected on Defendants at what is believed to be Defendants' places of residence and/or at various entertainment and sporting venues. Further, Military Status Reports Pursuant to the Service Members Civil Relief Act provided by Department of Defense Manpower Data Center ("DMDC") on August 16, 2010 state that "the DMDC does not possess any information indicating the individual status" of Defendants Quattlebaum, Estronza, Hill, Vernando Smith, Jones, Parsons, Prince, Carlo Ponti Smith, Brown, Lopp, Watkins, Weaver, James, Squires, Dickerson and Riviera, and do not indicate that

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Defendants are currently on active duty. Electronic copies of the DMDC reports are attached hereto as Exhibit A. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on August 17, 2010. _______________________________ Natalya L. Rose (No. 021701) MILOM JOYCE HORSNELL CROW PLC 3310 West End Avenue, Suite 610 Nashville, Tennessee 37203 Telephone: [phone] E-mail: [e-mail]

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CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Declaration of Natalya L. Rose in Support of Plaintiff's Motion for Entry of Default Under Fed. R. Civ. P. 55(a) is being accomplished through delivery by U.S. First Class Mail, postage pre-paid, this 17th day of August, 2010, upon the following: Martin D. Quattlebaum 8556 Kendrick Road Jonesboro, Georgia 30126 Robert Vincent Estronza 1281 Brockett Road Clarkston, Georgia 30021 Vance Hill 6169 Charring Cross Court Lithonia, Georgia 30058 Vernando Smith 1119 Redantrian Court Stone Mountain, GA 30088 Andre Anthony Jones 8330 Bluff Road Columbia, South Carolina 29214 Frank Parsons 1622 Curry Street Columbia, South Carolina 29204 Wilbert G. Prince 1837 Barbara Drive 11A Columbia, South Carolina 29223 Carlo Ponti Smith 2225 Hwy 1 South, Apt. 905 Elgin, South Carolina 29073 Mervin A. Brown 1627 Carnegie Street, Apt. B Columbia, South Carolina 29204-1472

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Eric Lopp 153-20 123 Avenue Jamaica, New York 11434 Jeffrey L. Watkins 667 Westwood Drive Lexington, South Carolina 29073-8038 Dennis Lance Weaver 3911 St. Andrews, Apt. 302 Columbia, South Carolina 29201

/s/ Natalya L. Rose Natalya L. Rose

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