Free Affidavit of Service - District Court of Delaware - Delaware

Case 1 :05-cv-00365-SLR Document 6 Filed 07/06/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
VISTA HEALTHPLAN, INC. and ROSS LOVE, on
behalf of themselves and all others similarly situated, Civil Action No. 05-365-KA]
Plaintiffs,
vs.
ABBOTT LABORATORIES, FOURNIER
INDUSTRIE ET SANTE, and LABORATOIRES
FOURNIER, S.A.,
Defendants.
AFFIDAVIT OF NON-RESIDENT SERVICE
Pamela S. Tikellis (D.S.B.A. No. 2172)
A. Zachary Naylor (D.S.B.A. No. 4439)
Robert R. Davis (D.S.B.A. No. 4536)
CHIMICLES & TIKELLIS LLP
One Rodney Square
P.O. Box 1035
Wilmington, DE 19899
Telephone: (302) 656-2500
Facsimile: (302) 656-9053
DATED: July 6, 2005

Case 1:05-cv-00365-SLR Document 6 Filed 07/06/2005 Page 2 of 3
I, A. Zachary Naylor, being duly sworn, according to law, deposes and says:
l. He is an attorney admitted to practice before the bar of the Supreme Court of the
State of Delaware andthe United States District Court for the District of Delaware.
2. I-Ie is an associate at the law firm of Chimicles & Tikellis LLP, attorneys for
Plaintiffs in the above—captioned matters.
3. Service of process was made in Civil Action No. 05-365-KA}, pursuant to 10 E Q
§ 3104 on defendant Abbott Laboratories, a business located in Illinois, by serving the Secretary of
State ofthe State of Delaware, on June 14, 2005.
4. On June 15, 2005, I caused copies ofthe process served on the Secretary of State in
Civil Action No. 05-365-KA] to be mailed, by registered mail, return receipt requested to defendant
Abbott Laboratories, addressed as follows: Abbott Laboratories, Attn: General Counsel, 100 Abbott
Park Road, Abbott Park, IL 60064. A true and correct copy of the letter transmitting tl1e Summons
and Complaint is attached hereto as Exhibit "A.“
5. A true and correct copy of the original registered mail receipt obtained at the time of
mailing is attached hereto as Exhibit "B."
6. A true and correct copy ofthe original returned "green card" return receipt, received
by the undersigned afztiant on June 27, 2005 is attached hereto as Exhibit “C."
7. Exhibit C was returned to the undersigned afiiant without a signature. I thereafter
requested further evidence of delivery from the United States Postal Service. On July 6, 2005, the
United States Postal Service provided a copy of PS Perm 3883, "Firn·i Delivery Receipt for
Accountable and Bulk Delivery Mail", attached hereto as Exhibit "D". PS Form 3883 reflects
delivery upon Abbott Laboratories signed for by C. Hamlet on June 22, 2005.
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Case 1:05-cv-00365-SLR Document 6 Filed 07/06/2005 Page 3 of 3
SWORN TO AND SUBSCRIBED befor me this 6‘h day of July, 2005.
Catherine H. Emmett, Notary
State of Delaware
My Commission Expires I/26/07
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