Zuffa, LLC v. Cathcart et al

Filing 18

MOTION for Default Judgment against Olicat Group LLC, Manuel P Olivarez filed by Zuffa, LLC with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s) of Plaintiff, # 2 Affidavit(s) in Support of Attorney Costs and Fees, # 3 Affidavit(s) in Support, # 4 Affidavit(s) Pursuant to Section 201 of Service Member Civil Relief Act, # 5 Memo of Law with Tables, # 6 Rule 54 (b) Statement, # 7 Statement for Judgment, # 8 Proposed Order Default Judgment, # 9 Certificate of Service) (Lonstein, Julie)

Zuffa, LLC v. Cathcart et al

Doc. 18 Att. 4

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION -------------------------------------------------------------------ZUFFA, LLC, d/b/a THE ULTIMATE FIGHTING CHAMPIONSHIP (UFC), AFFIDAVIT PURSUANT TO §201 OF THE SERVICE MEMBERS CIVIL Plaintiff, RELIEF ACT Civil Action No.3:10-CV-02278-M -againstTHOMAS JOSEPH CATHCART and MANUEL P. OLIVAREZ, Individually, and as officers, directors, shareholders, and/or principals of OLICAT GROUP LLC, d/b/a HOOLEY'S TAVERN AND GRILL, a/k/a HOOLEY'S TAVERN, and OLICAT GROUP LLC, d/b/a HOOLEY'S TAVERN AND GRILL, a/k/a HOOLEY'S TAVERN, Defendants. -------------------------------------------------------------STATE OF NEW YORK : : SS.: COUNTY OF ULSTER : JULIE COHEN LONSTEIN, being duly sworn, deposes and says: 1. That I am the attorney for Plaintiff, Zuffa, LLC, d/b/a The Ultimate Fighting

Championship (UFC), in the above referenced matter and I am admitted to practice in this Court. I am fully familiar with all the facts, circumstances and proceedings heretofore had herein. 2. I make this affidavit in support of Plaintiff's motion for default judgment and

damages, costs and fees. 3. Copies of the Summons and Amended Complaint were served on Defendants,

MANUEL, OLIVAREZ, Individually, and asofficers, directors, shareholders, and/or principals

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of OLICAT GROUP LLC, d/b/a HOOLEY'S TAVERN AND GRILL, a/k/a HOOLEY'S TAVERN, and OLICAT GROUP LLC, d/b/a HOOLEY'S TAVERN AND GRILL, a/k/a HOOLEY'S TAVERN, on, as set forth in the proofs of service which were filed with the Court on January 4, 2011, ECF Document Numbers 11 and 12. 4. Upon information and belief, Defendants are not presently in the military service

of the United States. See proofs of service which were filed with the Court on January 4, 2011, ECF Nos. 11-12. Within the return of service for the individual, Manuel Olivarez, the process server, swears that she personally served the defendant, Manuel Olivarez, and that she asked the person spoken to whether the recipient/defendant is presently in military service of the United States Government or on active duty in the military service and the response was "no". Dated: March 9, 2011 Ellenville, NY 12428 By: /s/ Julie Cohen Lonstein Julie Cohen Lonstein, Esq. Bar Roll No.JL8521 Attorney for Plaintiff 1 Terrace Hill; PO Box 351 Ellenville, NY 12428 Telephone: [phone] Facsimile: 845-647-6277

Sworn to before me this 9th day of March 2011. /s/ April Draganchuk April Draganchuk Notary Public State of New York Registration No. 4945872 Residing in Ulster County My Commission Expires Jan. 27, 2015