Free Affidavit - District Court of Delaware - Delaware


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Date: September 7, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv-00280-GIV|S—IV|PT_ Document 11 Filed 07/19/2007 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
PARROT, INC., )
a New York Corporation, )
Plaintiff, I
V- I C.A. No. 07-00280 (1***)
ONACLICK, INC., d/b/a SAT SYSTEMS, g
a Nevada Corporation )
Defendant. g
AFFIDAVIT OF COUNSEL IN SUPPORT OF
REQUEST FOR ENTRY OF DEFAULT
STATE OF MICHIGAN )
COUNTY OF WAYNE I SS-
Jack O. Kalmink, having first been duly cautioned and sworn, states as follows:
1. I am counsel of record for Plaintiff Parrot, Inc. in the above—captioned
proceeding, in which capacity I have personal knowledge of and am competent to testify with
respect to the matters set forth herein.
2. On May 22, 2007, a Complaint was tiled against Defendant and a
Summons regarding same issued by this Court. On May 23, 2007, a First Amended Complaint
was filed against Defendant with an appropriate Alias Sumrnons issued by this Court.
3. Pursuant to Fed. R. Civ. P. 4(c), a copy of the Alias Summons and First
Amended Complaint were personally served on Mathew Hanson of the office of John-Eric Jones,
Resident Agent for Defendant, 1325 Ainnotive Way #290, Reno, Nevada 89502.

Case 1 :07-cv-00280-GIV|S—IV|PT Document 11 Filed 07/19/2007 Page 2 of 2
4. As stated in the Alias Summons, the Defendant was required to tile an
answer or other responsive pleading within twenty (20) days after service of the Alias Summons.
Accordingly, an answer or other response was due on or before June 19, 2007.
5. The undersigned sent a letter by first-class mail to Defendant’s principal
place of business @ to its resident agent reminding Defendant of its obligation to respond to the
First Amended Complaint and unilaterally agreeing to extend the time within which to respond
to the First Amended Complaint to July l3, 2007.
l 6. The Defendant has not requested an extension of time to respond to the
Complaint, nor has any such extension been granted.
7. No answer, motion, or responsive pleading was filed within the time limit
set by Fed. R. Civ. P. l2(a). In fact, the Defendant has made no appearance or response to date,
nor has Defendant contacted counsel for Plaintiff.
8. The Defendant is not an infant or incompetent person and is not presently
serving in the armed forces of the United States, and accordingly is not in active military service.
9. The amount due, as stated in Plaintiffs Complaint, is $314,370.80
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Subscribed and sworn to before i n
me this QQ day of July, 2007.
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Case 1:07-cv-00280-GIVIS-IVIPT Document 11-2 Filed 07/19/2007 Page 1 of 1
CERTIFICATE OF SERVICE
I, William H. Sudell, Jr., d0 hereby certify that a copy of the foregoing Affidavit
of Counsel in Support of Request for Entry of Default was served this 19th day of July, 2007
upon the following individuals in the manner indicated:
BY U.S. MAIL:
onAclick, Inc. dfbl a SAT Systems onAclicl<, Inc. dfb/a SAT Systems
c/o J ohn—Erio Jones, President or to any officer e/o J ohn—Eric Jones, Registered Agent
or managing or general agent 1450 Whisper Rock Way
1325 Airmotive Way #175 Reno, NV 89502
Reno, NV 89502
Date: July 19, 2007 *
Wilmington, Delaware William H. Sudell, Jr. (No. 463) `
972246.1