Free Declaration in Support - District Court of California - California

Case 4:08-cv-01597-CW

Document 9

Filed 05/30/2008

Page 1 of 3

1 TOWNSEND AN TOWNSEND AN CREW LLP
GREGORY S. GILCHRIST (CA State Bar # 111536); gsgilchrist((townsend.com 2 TALI L. ALBAN (CA State Bar # 233694); tlalban((townsend.com Two Embarcadero Center, 8th Floor
3 San Francisco, California 94111

Telephone: (415) 576-0200
4 Facsimile: (415) 576-0300

5 Attorneys for Plaintiff WILLIAMS-SONOMA, INe.
6 7
8

UNTED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

9 10
11

12 WILLIAS-SONOMA, INC., a California
corporation,
13

Case No. CV 08-1597 RS

Plaintiff,
14

DECLARTION OF TALI L. ALBAN IN SUPPORT OF PLAINTIFF WILLIAMSSONOMA, INC'S REQUEST FOR CLERK ENTER DEFAULT AGAINST DEFENDANTS DANIELLE SECHREST, STEVEN SECHREST AND JAMES KILLIAN D/B/A
TO

v.
15

Danelle SECHREST, an individual, Steven

16 SECHRST, an individual, and James KILLIA, an individual, doing business as 17 REPLACEMENTSLJPCOVERS.COM,
18

REPLACEMENTSLIPCOVERS.COM

Defendants.

19

20 I, Tali L. Alban, declare as follows:

21 1.

I am an associate at the law firm of

Townsend and Townsend and Crew LLP, counsel of

record

22 to Plaintiff Wiliams-Sonoma, Inc. ("WSI") in this action. I am admitted to practice in the cours of
23 the State of California and before this Cour. I make this declaration from my own personal
24 knowledge and if called, I could and would testify competently to the statements in this declaration.

25 2.

On March 24, 2008, WSI filed a complaint against Defendants Danielle Sechrest, Steven

26 Sechrest and James Killian alleging Federal Trademark Infringement, Federal Dilution of a Famous

27 Mark, Copyrght Infrngement and Federal Unfair Competition.
28 3. Defendants Danielle Sechrest and Steven Sechrest were formally served on March 28, 2008.

DECLARTION OF TALI L. ALBAN ISO PLAINTIFF WILLIAMS-SONOMA, INC'S REQUEST FOR CLERK TO ENTER DEFAULT AGAINST DEFENDANTS DANIELLE SECHREST, ET AL.

CASE NO. CV 08-1597 RS 1

Case 4:08-cv-01597-CW

Document 9

Filed 05/30/2008

Page 2 of 3

1 The accompanying proofs of

service were e-fied with this Court on April 16,2008 (attached as

2 Exhibit A, for convenience).

3 4.
5 5.

Both Danielle Sechrest and Steven Sechrest failed to file or serve an answer or response to the

4 complaint, which was due on April 17, 2008.

Defendant James Killian was formally served on April 10, 2008. The accompanying proof of

6 service was e- filed with this Court on April 16, 2008 (attached as Exhibit B, for convenience).

7 6. 9 7.

Defendant Killian failed to file or serve an answer or response to the complaint, which was due

8 on April 30, 2008.

Despite Defendants' October 16, 2007 letter assurng WSI that they would scrub their websites
sites continue to

10 to ensure their infrngement of WSI's intellectual property would cease, their web

11 unlawfully display WSI's copyrghted photographs and use the Pottery Barn~ Marks.

12 8.
13 thereof.

Since the complaint was served, we have not heard from Defendants or any representative

14 I declare under penalty of peijury on this date in San Francisco, California, that the foregoing
15
is tre and correct.

16 17
18

DATED: May 30,2008

19

Isl Tali L. Alban Tali L. Alban

20
21

22
23

24
25

26 27
28
DECLARTION OF TALI L. ALBAN iso PLAINTIFF WILLIAMS-SONOMA, INC'S REQUEST FOR CLERK TO ENTER DEFAULT AGAINST DEFENDANTS DANIELLE SECHREST, ET AL.

CASE NO. CV 08-1597 RS 2

Case 4:08-cv-01597-CW

Document 9

Filed 05/30/2008

Page 3 of 3

1

PROOF OF SERVICE
I hereby certify and declare under penalty ofpeijury that the following statements are true and
correct:
1. I am over the age of 18 years and am not a pary to the within cause. My business

2
3

4

5 address is Two Embarcadero Center, Eighth Floor, San Francisco, California 94111.
6 2.

I am familiar with my company's mail collection and processing practices, know that

7 said mail is collected and deposited with the appropriate overnight delivery service or with the United
8 States Postal Service on the same day it is deposited in interoffice mail, and know that postage thereon

9 is fully prepaid.
10
3.
Following said practice, on May 30, 2008 I served by United States mail, a tre copy of

11 the attached document titled exactly DECLARTION OF TALI L. ALBAN IN SUPPORT OF
12 PLAINTIFF WILLIAMS-SONOMA, INC'S REQUEST FOR CLERK TO ENTER DEFAULT

13 AGAINST DEFENDANTS DANIELLE SECHREST, STEVEN SECHREST AND JAMES

14 KILLIAN D/BIA REPLACEMENTSLIPCOVERS.COM by placing it in an addressed, sealed
15 envelope and depositing it in regularly maintained interoffice mail

to the following:

16 Danielle Sechrest
21036 Torrence Chapel Road 17 Cornelius, NC 28031
i 8 Steven Sechrest 21036 Torrence Chapel Road 19 Cornelius, NC 28031

20 J ames Killian
19219 Dutch Irs Drive

21 Cornelius, NC 28031
22
23

24
25

EXECUTED this 30th
California.

day of

Mav

26
27 28
PROOF OF SERVICE CASE NO. CV-08-1597 RS

--:; . ~-------- ~ ~ .' ~
. - -- ~e 1. Storheim

, 2008, at San Francisco,

Case 4:08-cv-01597-CW

Document 9-2

Filed 05/30/2008

Page 1 of 13

EXHIBIT A

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 Document 6

Filed 04/16/2008 Page 12 of 13 Filed 05/30/2008 Page of 10

1 TOWNSEND AN TOWNSEND AN CREW LLP
GREGORY S. GILCHRST (CA State Bar # 111536); gsgilchrist((townsend.com 2 TALI L. ALBAN (CA State Bar # 233694); tlalban((townsend.com Two Embarcadero Center, 8th Floor
3 San Francisco, Californa 94111

Telephone: (415) 576-0200
4 Facsimile: (415) 576-0300

5 Attorneys for Plaintiff WILLIAS-SONOMA, INC.
6 7
8

UNTED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORN
SAN FRACISCO DIVISION

10
11

12 WILLIAS-SONOMA, INC., a Californa
corporation,
13

Case No. CV 08-1597 RS

Plaintiff,
14
v.
15

Danelle SECHRST, an individual, Steven

RETURN OF SUMMONS AND PROOF OF SERVICE OF SUMMONS, COMPLAINT AND RELATED DOCUMENTS ON DEFENDANTS DANIELLE SECHREST AND STEVEN SECHREST

16 SECHRST, an individual, and James KILLIA, an individual, doing business as 17 REPLACEMENTSLIPCOVERS.COM,
18

Defendants.

19

20
21

22
23

24
25

26
27 28
RETUR OF SUMMONS AND PROOF OF SERVICE OF SUMMONS AND RELATED DOCUMENTS ON DEFENDANTS DANIELLE SECHREST AND STEVEN SECHREST

Wiliams-Sonoma, Inc. v. Sechrest, et al. - CV 08-1597 RS

"

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 Document 6

Filed 04/16/2008 Page 23 of 13 Filed 05/30/2008 Page of 10

~AO 440 (Rev. 03/08) Civil Summons

'JRIGINAL

UNITED STATES DISTRICT COURT
for the

NORTHERN DISTRICT OF CALIFORNIA

WILLIAS-SONOMA, INC.,
Plaintiff
V.

)

1--"..."

)
) )
/ 'V (''''d'':'' .,.

Civil Action No.

Danielle Sechrest, Steven Sechrest, and James Kilian, dba REPLACEMENTSLIPCOVERS.COM
Defendant

't, 'k, L

08

f~"q'f 15 9 ,

Summons in a Civil Action
Danielle Sechrest, Steven Sechrest, and James Kilian,
To: dba REPLACEMENTSLIPCOVERS.COM
(Defendant's name)

RS

A lawsuit has been filed against you.

Within 20 days after servce ofthis summons on you (not counting the day you received it), you must serve on the Federal Rules of Civil Procedure. The the plaintiff an answer to the attched complaint or a motion under Rule 12 of answer or motion must be served on the plaintiffs attorney, whose name and address are:
Gregory S. Gilchrist Tali L. Alban
Townsend and Townsend and Crew LLP

Two Embarcadero Center, 8th Floor San Francisco, CA 94111

If you fail to do so, judgment by default wil be entered against you for the relief demanded in the complaint. You also
must fie your answer or motion with the cour.

If I"H ~ I' ~r11~M wli:n¡løG
.~ .~..l! ~J~:: u~Jlãlt'_\d~

Date:

MAR 2 4 2008'

/Î/c ./ p~ ~//'~
11'11\"8.Y

Name of clerk of court

, Deputy clerk's signature

.,' - Lr1(""1'''' A_~N....\.;...1... --.~l;,

(Use 60 days if the defendant is the United States or a United States agency, or is an offcer or employee of the United States allowed 60 days by Rule 12(a)(3).)

.~

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 Document 6

Filed 04/16/2008 Page 34 of 13 Filed 05/30/2008 Page of 10

~ AO 440 (Rev. 03/08) Civil Summons (Page 2)

Proof of Service

I declare under penalty of peijur that I served the summons and complaint in this case on
by:

(1) personally delivering a copy of each to the individual at this place,
(2) leaving a copy of each at the individual's dwelling or usual place of abode with who resides there and is of suitable age and discretion; or

; or

(3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is
; or

(4) returning the summons unexecuted to the cour clerk on
My fees are $

for travel and $

for services, for a total of $ 0.00.

Date:
Server's signature

Printed name and title

Server's address

MAR 31 2008 09: 15 FR

, NA ADD¡mSS AN TE NOER OF A'l
TALI L. ~i-BA' (SBN 233694)

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 Document 6

4152789670 TO 17043731329 4 5 of 13 P. Filed 04/16/2008 Page of 1004/05 Filed 05/30/2008 Page

TOWNSEN AN TOWNSEN AN CREW LLP

2 Emarcadero Center, 8th Floor

San Francisco, CA 94111 Telephone: (415) 576-0200

AT'(S) FOR; Plaintiff
UNITE STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

WILLIAM-SONOMA, INC. etc.

CAE NU
ev 08 1597 RS

plaintiff,
V.
DANIELLE SECHREST etc., et al.

DECLATION OF SERVICE

Def endant .
At the time of service I was a citizen of the United States, over the age of eighteen, and not a party to this action; I served copies of the:

SEE EXIBIT A ATTACHE HEETO

in the wi thin action by personaiiy delivering true copies thereof to the

person served

as follows:

Served

DANIELLE SECHRST
Steven Sechrest, Spouse
(Home) 21036 Torrene Chapel Rd. Cornelius, NC 28031

By serving

Address

Date of Service

March 28, 2008
1: 30 PM

Time of Service

I declare under penalty of perjury under the laws of the united States of America that the foregoing information is true and correct.
Date: March 28, 2008

Signture' IE JOHNSON ~d: ~~ W
233252

MAR 31 2008 09: 15 FR Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 4152789670 TO 17043731329 56 of 13 Document 6 Filed 04/16/2008 Page ofP. 05/05 Filed 05/30/2008 Page 10

,

EXIBIT A

SUMONS IN A CIVIL ACTION; CIVIL COVE SHEET; COMPLAINT FOR FEDERA

TRAEMA INFRINGEM; DILUTION ¡ COPYRIGHT INFRINGEM AN VIOLATION OF
FEDERA UNFAIR COMPETITION LAW; (INJUCTIVE RELIEF SOUGHT) JUY TRIA

DEMA; CERTIFICATION OF INTRESTED ENITIES OR PERSONS JURY TRIAL DEMED; ECF REGISTRATION INORMTION HAUT ¡ NOTICE OF ASSIGN OF ASE TO A
UNITED STATES MAGISTRTE JUGE; CONSEN TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUE; DECLINATION TO PROCEED BEFORE A MAGISTRATE iJGE AN REQUEST FOR REASIGNMNT TO A UNITED STATES DISTRICT JUE; WELCOME TO THE UNITED STATES DISTRICT COURT FOR THE NORTHRN DISTRICT OF CAIFORNIA, CLERK i S OFFICE, SAN JOSE DIVISION; NORTHERN DISTRICT OF CAIFORNIA SAN JOSE

DIVISION CRIMINA AN CIVIL LAW AN MOTION/TRIA/SETTLEM/CASE

MAAGEMENT /DISMISSAL HEING SCHEDULES; DROP BOX FILING PROCEDURS; ORDER

SETTING INITIAL ASE MAAGEM CONFERECE AN ADR DEALINES (FILE-STAMED
DATE OF MACH 24, 2008) WITH ATTACHS i (A) STANING ORDER (JUGE SBEBORG)

RE INITIA MAGEME i (B) STANING ORDER REGARING CAE MAAGEM IN CIVIL

CAIFORNIA RE CONS OF JOINT CAE MAAGEM STATE; .AED ORDER
CAES¡ (C) STANING ORDER FOR ALL JUES OF TH NORTHRN DISTRICT OF

CASES; (C) STANING ORDER FOR AL JUDGES OF THE NORTHERN DiS'IICT OF

SETTING INITIA CAE MAGEMEN CONFERECE AN ADR DEALINES (FILE-STAMPED DATE OF MACH 27, 2008) WITH ATTACHS: (A) STANING ORDER (JUGE SEEBORG)

RE INITIAL MAGEMT, (B) STANING ORDER REGAING CAE MAAGEMT IN CIVL
CAIFORNIA. RE CONTENS OF JOINT CAE MAAGEM STATEME

- 1 -

** TOTAL PAGE. 05 **

Document 9-2 Document 6 TOWNSEND AN æOWNSEND AN CREW LLP 2 Embarcádero Center, 8th Floor San Francisco, cA 94111 Telephone: (415) 576-0200 Attorney for: Plaintiff
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CAIFORNIA

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS TALI L. ALBAN (SBN 233694)

Filed 04/16/2008 Page 67 of 13 Filed 05/30/2008 Page of 10

Plaintiff
Def endan t

WILLIAMS-SONOMA, INC. etc. DANIELLE SECHREST etc., et al.

Ref#: 233252

* DECLARTION OF MAILING *

Case No.: CV 08 1597 RS

At the time of service I was at least eighteen years of age and not a party to this action and I served copies of the:
SEE EXHIBIT A ATTACHED HERETO

in the within action by placing true copies thereof in a sealed envelope with first class postage fully prepaid thereon in the United States mail at San Francisco, California, addressed as follows: DANIELLE SECHREST

(Home) 21036 Torrene Chapel Rd. Cornelius, Nc 28031

Date of Mailing: March 28, 2008

Person who served papers: APRIL JIMENEZ

SPECIALIZED LEGAL SERVICES, INC.
1112 Bryant Street, Suite 200 San Francisco, cA 94103 Telephone: (415) 357-0500

Registered California process server.
(i) Employee or Independent Contractor (ii) Registration no.: 880 (iii) County: San Francisco

Fee for service: $257.63

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Date: March 31, 2008

Signature

~~

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 Document 6
EXHIBIT A

Filed 04/16/2008 Page 78 of 13 Filed 05/30/2008 Page of 10

SUMONS IN A CIVIL ACTION; CIVIL COVER SHEET; COMPLAINT FOR FEDERA TRAEMAK INFRINGEMENT; DILUTION; COPYRIGHT INFRINGEMENT AN VIOLATION OF FEDERA UNFAIR COMPETITION LAW; (INJUCTIVE RELIEF SOUGHT) JURY TRIAL

DEMA i CERTIFICATION OF INTERESTED ENTITIES OR PERSONS JUY TRIAL DEMAED; EcF REGISTRATION INFORMTION HAOUT; NOTICE OF ASSIGNMENT OF ASE TO A
UNITED STATES MAGISTRATE JUGE; CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUGE; DECLINATION TO PROCEED BEFORE A MAGISTRATE JUGE AN REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUGE; WELCOME TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, CLERK'S OFFICE, SAN JOSE DIVISION; NORTHERN DISTRICT OF CAIFORNIA SAN JOSE DIVISION CRIMINAL AN CIVIL LAW AN MOTION/TRIAL/SETTLEMENT/CASE MAAGEMENT /DISMISSAL HEAING SCHEDULES; DROP BOX FILING PROCEDURES; ORDER SETTING INITIAL ASE MAAGEMENT CONFERENCE AN ADR DEALINES (FILE-STAMPED DATE OF MACH 24, 2008) WITH ATTACHMENTS; (A) STANING ORDER (JUGE SEEBORG) RE INITIAL MAAGEMENT, (B) STANING ORDER REGARING CASE MAAGEMENT IN CIVIL CASES; (C) STANING ORDER FOR ALL JUGES OF THE NORTHERN DISTRICT OF CALIFORNIA RE CONTENTS OF JOINT CASE MAAGEMENT STATEMENT; AMENDED ORDER SETTING INITIAL CAE MAAGEMENT CONFERENCE AN ADR DEALINES (FILE-STAMPED DATE OF MACH 27, 2008) WITH ATTACHMENTS: (A) STANING ORDER (JUGE SEEBORG) RE INITIAL MAAGEMENT, (B) STANING ORDER REGARING CASE MAAGEMENT IN CIVIL CASES; (C) STANING ORDER FOR ALL JUGES OF THE NORTHERN DISTRICT OF CAIFORNIA RE CONTENTS OF JOINT CASE MAAGEMENT STATEMENT

- 1 -

Case 4:08-cv-01597-CW Document 9-2 Case 5:08-cv-01597-RS Document 6 l\ ADRESS AN TENE NtER OF ATTRN

MAR 31 2008 09: 15 FR

4152789670 TO 17043731329

Filed 04/16/2008 Page 89 of 13 Filed 05/30/2008 Page of 10

P. 02/05

TALI L. ALBA (SBN 233694) TOWNSEN AN TOWNSEN AN CRE LLP

2 Emarcadero Center, 8th Floor
San Francisco, CA 94111 Telephone: (415) 576-0200

ATI(S) FOR: Plaintiff
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CAIFORNIA
WILLIAM-SONOMA, INC. ete.

CA!: NU
CV 08 1597 RS

Plaintiff,
V.

DANIELLE SECHREST etc., et al.

DECLATION OF SER~CE

Defendat.
At the time of service I was a citizen of the United States, over the age of eighteen, and not a party to this action; I served copies of the;

SEE EXIBIT A ATTACHD HETO

in the ~ithin action by personallY delivering true copies thereof to the person served as follows:

Served

STEVE SECHST
Steven Seçhrest, Personally

By serving
Address

21036 Torrence Chapel Rd. Cornelius, NC 28031

(Horne) .

Date of Service
Time of Service

March 28, 200S
1:30 PM

I declare under penalty of perjury under the laws of the United States of America that the foregoing informtion is true and correct.
Date: March 28, 2008

Signtore: Il)~JOHNSON ~~~ W IE
233253

MAR 31 2008 09: 15 FR

Case 4:08-cv-01597-CW Document 9-2 Case 5:08-cv-01597-RS Document 6

4152789670 TO 17043731329

Filed 04/16/2008 Filed 05/30/2008

Page 9 ofof 13 Page 10 10

P. 03/05

EXIBIT A
SUMONS IN A CIVIL ACTION; CIVIL COVER SHEET; COMPLAINT FOR FEDERA

TREMK INFRINGEM; DILUTION; COPYRIGHT !NFRINGEME AN VIO!.TION OF
FEDERA UNFAIR COMPETITION LAW; (INJUCTIVE RELIEF SOUGHT) JUy TRIA

DEM; CERTIFICATION OF INTERESTE ENITIES OR PERSONS JUY TRIAL DEMED; ECF REGISTRATION INFORMTION HAOUT; NOTICE OF ASSIGNNT OF ASE TO A
UNITED STATES MAGISTRTE JUE; CONSEN TO PROCEED BEFORE A UNITED STATES MAGISTRTE JUGE; DECLINATION TO PROCEED BEFORE A MAGISTRATE JUGE AN REQUEST FOR RESIGNM TO A UNITED STATES DISTRICT JUE; WELCOME TO THE UNITE STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CAIFORNIA, CLERK'S OFFICE, SAN JOSE DIVISION; NORTHERN DISTRICT OF CAIFORNIA SAN JOSE

DIVISION CRIMINAL AN CIVIL LAW AN MOTION/TRIAL/SETTLEME/CAE MAAGEM /DISMISSA HEING SCHULES; DROP BOX FILING PROCEDURS; ORDER SETTING INITIA ASE MAGEMET CONFERECE AN ADR DEALINES (FILE-STAMPED
DATE OF MACH 24, 2008) WITH ATTACHTS; (A) STANING ORDER (JUGE SEEBORG)
CAES; (C) STANING ORDER FOR ALL JUGES OF THE NORTHERN DISTR1CT OF

RE INITIAL MAGEM, (B) STANING ORDER REGAING CAE MAGEMT IN CIVIL

CAIFORNIA RE CONTS OF JOINT CAE MAGEM STATEM; AMED ORDER
CAES; (C) STANING ORDER FOR AL JUES OF THE NORTHERN DISTRICT OF CALIFORNIA RE CONTS OF JOINT CAE MAAGEMENT STATEEN

SETTING IN!TIA CAE MAAGEMNT CONFERCE AN ADR DEALINES (FILE-STAMPED

DA'' OF MACH 27, 2008) WITH ATTACHTS: (A) STANING ORDER (JùE SEBBORG)

RE INITIA MAGEM, (B) STANING ORDER REGARING CAE MAAGEMT IN CIVIL

-1 -

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-2 Document 6

Filed 04/16/2008 Page 10 of 10 Filed 05/30/2008 Page 11 of 13

1

CERTIFICATE OF SERVICE
(C.C.P. §§ 1011 and 1013, C.R.C.§ 2008, F.R.C.P. Rule 5, F.R.A.P. 25)

2
3

4
5

I declare that I am employed in the City and County of San Francisco, California; I am over the age of 18 years and not a pary to the within action; my business address is Two Embarcadero Center, Eighth Floor, San Francisco, Californa, 94111. On the date set forth below, I served a true
and accurate copy of

the document(s) entitled:

RETURN OF SUMMONS AND
6
7
8

PROOF OF SERVICE OF SUMMONS, COMPLAINT AND RELATED DOCUMENTS ON DEFENDANTS DANIELLE SECHREST AND STEVEN SECHREST on the pary(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as
follows:
Danelle Sechrest

9 10
11

21036 Torrence Chapel Road Cornelius, NC 28031
Steven Sechrest

James Killan 19219 Dutch Irs Drive

Cornelius, NC 28031

12
13

21036 Torrence Chapel Road Cornelius, NC 28031

14
15
.l (By First Class Mail) I am readily familiar with my employer's practice for collecting

16 17 18

and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by
placing a tre copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for

collection and mailing with the United States Postal Service where it would be deposited with the United States Postal Service that same day in the ordinary course of business.

D (By Overnght Courer) I caused each envelope to be delivered by a commercial carrier
service for overnght delivery to the offces of

19

the addressee(s).

20
21

D (By Hand) I directed each envelope to the party(ies) so designated on the service list to be delivered by courer this date.

D (By Facsimile Transmission) I caused said document to be sent by facsimile
transmission to the fax number indicated for the pary(ies) listed above.

22
23

D (By Electronic Transmission) I caused said document to be sent by electronic
transmission to the e-mail addressees) indicated for the pary(ies) listed above.

24
25

I declare under penalty of perjur that the foregoing is true and correct and that this declaration was executed this date at San Francisco, Californa.

26 27
28

~~',..,/ Dated: .April 16, 2008/~~ .' _ ~stine J. S eim -61333018 vI

PROOF OF SERVICE Wiliams-Sonoma, Inc. v. Sechrest, et al. - CV 08-1597 RS

Case 4:08-cv-01597-CW

Document 9-2

Filed 05/30/2008

Page 1 of 2 Page 12 of 13

Storheim, Kris J.
From: Sent: To: [email protected] Wednesday, April 16, 2008 12:27 PM [email protected]

Subject: Activity in Case 5:08-cv-01597-RS Williams-Sonoma, Inc. v. Sechrest et al Summons Returned Executed

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Northern District of California Notice of Electronic Filing or Other Case Activity NOTE: Please read this entire notice before calling the Help Desk. If you have questions, please email the Help Desk by replying to this message; include your question or comment along with the original text. Please note that these Notices are sent for all cases in the system when any case activity occurs, regardless of whether the case is designated for e-filing or not, or whether the activity is the filing of an electronic document or not. If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document. If there is no second hyperlink, there is no electronic document available . See the FAQ posting 'I have a Notice of Electronic Filing that was e-mailed to me but there's no hyperlink...' on the ECF home page at https://ecf.cand.uscourts.gov for more information. The following transaction was received from by Alban, Tali entered on 4/16/2008 12:26 PM and filed on 4/16/2008 Williams-Sonoma, Inc. v. Sechrest et al Case Name: 5:08-cv-1597 Case Number: Williams-Sonoma, Inc. Filer: Document Number: 6 Docket Text: SUMMONS Returned Executed by Williams-Sonoma, Inc.. Danielle Sechrest served on 3/28/2008, answer due 4/17/2008; Steven Sechrest served on 3/28/2008, answer due 4/17/2008. Return of Summons and Proof of Service of Summons, Complaint and Related Documents on Defendants Danielle Sechrest and Steven Sechrest (Alban, Tali) (Filed on 4/16/2008)

4/16/2008

Case 4:08-cv-01597-CW

Document 9-2

Filed 05/30/2008

Page 2 of 2 Page 13 of 13

5:08-cv-1597 Notice has been electronically mailed to: Tali Leah N. Alban Gregory S. Gilchrist [email protected], [email protected] [email protected], [email protected]

5:08-cv-1597 Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:C:\Documents and Settings\kjs\My Documents\WS v. Replacementslipcovers.com\2008-04-16 Return of Summons - Proof of Service of Summons Complaint - Related Docs on Danielle and Steven Sechrest.pdf Electronic document Stamp: [STAMP CANDStamp_ID=977336130 [Date=4/16/2008] [FileNumber=4310286-0] [2b619c6e3174791193314e1e43ec7c2e346436ac3b82e6ba3f3c9aea92f75e03f1ca7 c28628ef25902799608e208cd832c686f2d9d914bfd3622bd64ec75d2a7]]

4/16/2008

Case 4:08-cv-01597-CW

Document 9-3

Filed 05/30/2008

Page 1 of 9

EXHIBIT B

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-3 Document 7

Filed 04/16/2008 Page 12 of 9 Filed 05/30/2008 Page of 6

1 TOWNSEND AN TOWNSEND AN CREW LLP
GREGORY S. GILCHRST (CA State Bar # 111536); gsgilchrist((townsend.com 2 TALI L. ALBAN (CA State Bar # 233694); tlalban((townsend.com Two Embarcadero Center, 8th Floor
3 San Francisco, California 94111

Telephone: (415) 576-0200
4 Facsimile: (415) 576-0300

5 Attorneys for Plaintiff WILLIAS-SONOMA, INC.
6 7
8

UNTED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

10
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SAN FRACISCO DIVISION

12 WILLIAS-SONOMA, INC., a Californa
corporation,
13

Case No. CV 08-1597 RS

Plaintiff,
14

v.
15

RETURN OF SUMMONS AND PROOF OF SERVICE OF SUMMONS, COMPLAINT AND RELATED DOCUMENTS ON DEFENDANT JAMES KILLIAN

Danelle SECHRST, an individual, Steven 16 SECHRST, an individual, and JAMES KILLIA, an individual, doing business as 17 REPLACEMENTSLIPCOVERS.COM,
18 19

Defendants.

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23

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26 27
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RETU OF SUMMONS AND PROOF OF SERVICE OF SUMMONS AN RELATED DOCUMENTS ON DEFENDANT JAMES KILLIAN Willams-Sonoma, Inc. v. Sechrest, et al. - CV 08-1597 RS,

"

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-3 Document 7

Filed 04/16/2008 Page 23 of 9 Filed 05/30/2008 Page of 6

'IAO 440 (Rev. 03/08) Civil Summons

'JRIGINAL

UNITED STATES DISTRICT COURT
for the

NORTHERN DISTRICT OF CALIFORNIA

WILLIAS-SONOMA, INC.,
Plaintiff

) C:, :i. i. '~.;'~ :~~1
) ) Civil Action No.

v.

Danielle Sechrest, Steven Sechrest, and James Kilian, dba REPLACEMENTSLIPCOVERS.COM
Defendant

(;'\l 0 8

)

Fw", i 59'7

Summons in a Civi Action
Danielle Sechrest, Steven Sechrest, and James Kilian,
To: dba REPLACEMENTSLIPCOVERS.COM
(Defendant's name)

RS

A lawsuit has been filed against you. this summons on you (not counting the day you received it), you must serve on the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are:
Within 20 days after servce of the plaintiff an answer to the attched complaint or a motion under Rule 12 of

Gregory S. Gilchrist Tali L. Alban

Townsend and Townsend and Crew LLP

Two Embarcadero Center, 8th Floor San Francisco, CA 94111

If you fail to do so, judgment by default wil be entered against you for the relief demanded in the complaint. You also
must fie your answer or motion with the cour.

r'''r.'I'~~il! UlIEnrllG
J ... ¡.~.. -t:~~!fii f'~\,~~~

Name of clerk of court

Date:

MAR 2 4 2008'

4d¿ ,--Æ~1j\.R J.

Deputy clerk's signature

~r A;!1rEUC"KU~'I

(Use 60 days if

the defendant is the United States or a United States agency, or is an offcer or employee of

the United States allowed 60 days by

Rule 12(a)(3).)

.'

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-3 Document 7

Filed 04/16/2008 Page 34 of 9 Filed 05/30/2008 Page of 6

'IAQ 440 (Rev. 03/08) Civil Summons (Page 2)

Proof of Service

I declare under penalty ofpeijur that I served the summons and complaint in this case on
by:

(1) personally delivering a copy of each to the individual at this place,
(2) leaving a copy of each at the individual's dwelling or usual place of abode with who resides there and is of suitable age and discretion; or

; or

(3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or

(4) returning the summons unexecuted to the cour clerk on
My fees are $
for travel and $

for services, for a total of $ 0.00.

Date:
Server's signature

Prited name and title

Server's address

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS
't . 381;d

Document 9-3 Document 7

Filed 04/16/2008 Page 45 of 9 Filed 05/30/2008 Page of 6
£v : 90 S0ØZ 9t ~d~

iw ADRES A) 'rPJ ~ W A'Trc
TAI L. AL (SBN 233694)

APR 14 2ØØ 13: 18 FR

4152789670 TO 17ß41329 P.B2/Ø3

TOWNSE AN TOWSEN AN CO LL

2 Emarcadero Center, 8th Floor
s~ Francisco, CA 94111 Telephonr (415) 576-0200
A'nORI(S) FO: Plaintiff

CNITE STATES DISTCT COURT

NOR~ DISTRCT OF CAIFORNIA
WILLIAM -SON, INC. etc.

Q\ Ji
(; 08 1597 RS

Plaintiff,
v.

DAEL SECHST etc.. et al.
DofoxQlt. .

DBCL:IOl Of' SBKv:CB

At the time of 88rvice I was a citizen of the united states, over the age of eighteen, and not a paty to this aot:ion; I served oopies of th:

SEE EXIBIT A A'rACHD HERO

pérson eorv aD folloW8 i

in the wi thin action by personlly deliveing true copies thereof to the

Served : JAMS lULLIAN
By serving .: Jams Killian, Personally

Addrss (Hame) DutCh 192i~
Time of Servce 8: OS PM

Iris Drive cor.e1ius, NC 28031

Date of Servce April 10, 2008
i declare unr penalty of JJsrjury under the laws of the onced States of Amrica that the foreging info1:tion is true an correct.

Date ~ April 14, 2008

S1gntur, (iJ JOHNSON ìt~k~ W E
23419"

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS
ëø . 38I:d

Document 9-3 Document 7

Filed 04/16/2008 Page 56 of 9 Filed 05/30/2008 Page of 6

APR 14 2øea 13: 18 FR

vv:9ø SøØë 9T ~dI: 41528967Ø TO 17041329 P. Ø3/Ø3

EXIBIT A

TREM INGEM; DIL'DION; COPYGH ININGEM AN VIOLATION OF
ECP REGISTRTION INRMTION HAUT 1 NOTICE OF ASSIGN OF AS& TO A

SUMNS IN A CIVL ACTION i CIVIL COR. SHET; COMLA POR FEERA

FEERA UNIR COITION LA; (INJUCTIV REIEF SOUGHT) iTY TRIAL DEM; CBR'lIFICATIcm OF INSTB BN!'lIBS OR ::BRONS JUY '!IAL DEMED j

UNITE STATES MAISTR'l .J 1 COSßn TO PROCEE BEFORE A UNIT.E STATES MAIST:TE .:GE; DECLINTION TO PRCEED BEFORE A MAGISTRTE JOE AN
UNTED STATES DISTRICT COUT FOR TI NORTHERN DIBTRCl or CAIFORNIA,

REUEST fOR RESIGN TO A UNTE STATES DIS'lC' JUB 1 WECOM TO THE:

CLERK'S OFFICB, SAm JOSH DIVSION; NORTH DISTRIC' OF CAIFORNIA SA JOSE

DIVISION CRIMI AN c:L LÄ AN MOION/'l/SE'/CAIi

MA IDISMISSA HE SCHt7BS 1 DROP BOX FILING PROCEUR; ORDER SETTING IRITIA AS:& MA CONFBRE AN ADR DEALIN (FILS-STAMED

DATE OF MACH 24, 2008) WITH ATTACHS; (A) STANING ORDU. (JUE SEBBRG)

R3 INITIA MAGE, (B) STANING ORDER RBIN CAE MAGEM IN CIVL CAES; (c) STANIN ORDER FOR ALL JIBS OF '1 NORTH DISTRICT OF CAIFORNIA RE CONS OF JODn CAH MAAG STATE; AMED ORDER
1f INITrA MABM, (8) STAHIW ORER REARING. CAE MASM IN CIVIL
SS'IN INI'lIA CAB MAGEM CONERCE AN APR PBALINBS (FILE-STAMED DATE OP MACH 27 r 2008) WITH ATlACHS: (A) STANING ORDER (JUGE SBBORG)
CAES: (C) STANIH ORDBR FOR ALL JUES OF TH N'T! DISTRICT OF

CAIFOIA RE CON'S or JOIN CAE MA STATSIi

-1** TOTAL PAGE. Ø3 **

Case 4:08-cv-01597-CW Case 5:08-cv-01597-RS

Document 9-3 Document 7

Filed 04/16/2008 Page 67 of 9 Filed 05/30/2008 Page of 6

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CERTIFICATE OF SERVICE
(C.C.P. §§ 1011 and 1013, C.R.c.§ 2008, F.R.C.P. Rule 5, F.R.A.P. 25)

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3

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5

I declare that I am employed in the City and County of San Francisco, California; I am over the age of 18 years and not a pary to the within action; my business address is Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. On the date set forth below, I served a true
and accurate copy of

the document(s) entitled:

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RETURN OF SUMMONS AND PROOF OF SERVICE OF SUMMONS, COMPLAINT AND RELATED DOCUMENTS ON DEFENDANT JAMES KILLIAN on the pary(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as
follows:
Danelle Sechrest

James Killian
19219 Dutch Irs Drive

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21036 Torrence Chapel Road Cornelius, NC 28031
Steven Sechrest 21036 Torrence Chapel Road Cornelius, NC 28031

Cornelius, NC 28031

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i: (By First Class Mail) I am readily familiar with my employer's practice for collecting

and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinar business practice, I served the within document(s) at my place of business, by
placing a tre copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for

16

collection and mailing with the United States Postal Service where it would be deposited with the business. United States Postal Service that same day in the ordinar course of

17
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D (By Overnght Courer) I caused each envelope to be delivered by a commercial carrer
service for overnght delivery to the offices of

the addressee(s).

D (By Hand) I directed each envelope to the party(ies) so designated on the service list to be delivered by courer this date.

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D (By Facsimile Transmission) I caused said document to be sent by facsimile
transmission to the fax number indicated for the pary(ies) listed above.

D (By Electronic Transmission) I caused said document to be sent by electronic
transmission to the e-mail address( es) indicated for the pary(ies) listed above.

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I declare under penalty of perjur that the foregoing is tre and correct and that this declaration was executed this date at San Francisco, California.

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Dated: April 16,2008 ~ #~ . stine J. ~eim
61342585 vI

26 27
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PROOF OF SERVICE Willams-Sonoma, Inc. v. Sechrest, et al. - CV 08-1597 RS

Case 4:08-cv-01597-CW

Document 9-3

Filed 05/30/2008

Page 1 of 2 Page 8 of 9

Storheim, Kris J.
From: Sent: To: [email protected] Wednesday, April 16, 2008 12:30 PM [email protected]

Subject: Activity in Case 5:08-cv-01597-RS Williams-Sonoma, Inc. v. Sechrest et al Summons Returned Executed

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Northern District of California Notice of Electronic Filing or Other Case Activity NOTE: Please read this entire notice before calling the Help Desk. If you have questions, please email the Help Desk by replying to this message; include your question or comment along with the original text. Please note that these Notices are sent for all cases in the system when any case activity occurs, regardless of whether the case is designated for e-filing or not, or whether the activity is the filing of an electronic document or not. If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document. If there is no second hyperlink, there is no electronic document available . See the FAQ posting 'I have a Notice of Electronic Filing that was e-mailed to me but there's no hyperlink...' on the ECF home page at https://ecf.cand.uscourts.gov for more information. The following transaction was received from by Alban, Tali entered on 4/16/2008 12:29 PM and filed on 4/16/2008 Williams-Sonoma, Inc. v. Sechrest et al Case Name: 5:08-cv-1597 Case Number: Williams-Sonoma, Inc. Filer: Document Number: 7 Docket Text: SUMMONS Returned Executed by Williams-Sonoma, Inc.. James Killian served on 4/10/2008, answer due 4/30/2008. Return of Summons and Proof of Service of Summons, Complaint and Related Documents on Defendant James Killian (Alban, Tali) (Filed on 4/16/2008)

4/16/2008

Case 4:08-cv-01597-CW

Document 9-3

Filed 05/30/2008

Page 2 of 2 Page 9 of 9

5:08-cv-1597 Notice has been electronically mailed to: Tali Leah N. Alban Gregory S. Gilchrist [email protected], [email protected] [email protected], [email protected]

5:08-cv-1597 Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:C:\Documents and Settings\kjs\My Documents\WS v. Replacementslipcovers.com\2008-04-16 Return of Summons and Proof of Service of Summons Complaint and Related Documents on James Killian.pdf Electronic document Stamp: [STAMP CANDStamp_ID=977336130 [Date=4/16/2008] [FileNumber=4310311-0] [0b9d7156f26d2e181cbd6dae8ece348be91e529ae9c9771bfdc4426fe195bdbc0aa21 492dbb8289c9052edf5fd89d447d6697230dc0a7763318db74ffb5883ef]]

4/16/2008