Free Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:O5—cv—OO843-GI\/IS Document 11-4 Filed O2/07/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ELAINE L. CHAO, SECRETARY OF LABOR, 1
UNITED STATES DEPARTMENT OF LABOR,
: CIVIL ACTION
Plaintiff,
v. : No. 05-843 (GMS)
IT FACTORY SOLUTION, INC., and PUTNAM :
FIDUCIARY TRUST COMPANY,
Defendants ·
AFFIDAVIT OF MARK V. SWIRSKY IN SUPPORT
OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
Mark V. Swirsky, being duly sworn according to law, states that he is an attorney
with the Office of the Solicitor, United States Department of Labor, and makes this
affidavit in support of Plaintiffs Motion for Default Judgment:
l. I am the attomey of record in the above-captioned case and represent the
plaintiff Elaine L. Chao, Secretary of Labor, United States Department of Labor.
2. On December 5, 2005, plaintiff filed a Complaint against defendant IT
Factory Solution, Inc. (“ITFS"). Plaintiff also named Putnam Fiduciary Trust Company
as a defendant in that Complaint pursuant to Fed. R. Civ. P. l9(a).
3. Because ITFS is a void corporation according to the Delaware Division of
Corporations, service of the summons and complaint upon ITFS was effectuated by
serving the Delaware Secretary of State pursuant to 8 Del. C. Ann. § 321 (b). (See Exh. l
attached hereto).
§ eovesmmeur
ig EXHIBIT .

Case 1:O5—cv—OO843-GI\/IS Document 11-4 Filed O2/07/2006 Page 2 of 2
4. ITFS never tiled an Answer to the Complaint or asserted any defense in
this action as provided by the Federal Rules of Civil Procedure.
The foregoing statements are true and correct to the fullest extent of my
knowledge, infomation and belief. I so declare under penalty of perjury.
El i' if »

J? M Mark V. Swirsky I/X
Date: tpetg fig L§:?é
2