Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-01564-KAJ Document 27 Filed 06/08/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
MAYNE PHARMA (USA) INC., )
)
Plaintiff, )
)
v. ) C.A. No. 04-1564 —I )
AMERICAN PHARMACEUTICAL )
PARTNERS, INC., BIGMAR, INC., )
and BIGMARQBIOREN )
PHARMACEUTICALS, S.A., )
)
Defendants. )

AFFIDAVIT OF ADAM W. POFF
IN SUPPORT OF REQUEST TO CLERK FOR ENTRY OF DEFAULT
AGAINST BIGMAR-BIOREN PHARMACEUTICALS, S.A.
STATE OF DELAWARE )
) SS.
NEW CASTLE COUNTY )
BE IT REMEMBERED, that on this 7th day of June, 2005, the deponent Adam
W. Poff, personally appeared before me, a Notary Public for the State and County aforesaid, and
deposed and stated as follows:
I. I am an associate with the law firm of Young Conaway Stargatt & Taylor,
LLP, attorneys for the plaintiff in this action. I am submitting this Affidavit in support of
Plaintiffs Request to the Clerk for Entry of Default against Defendant Bigmar—Bioren
Pharmaceuticals, S.A. ("BBP").
2. BBP is an entity organized under the laws of Switzerland. I caused the
Complaint in this action (the "Complaint") and ancillary papers to be served upon BBP in
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Case 1:04-cv—01564—KAJ Document 27 Filed 06/08/2005 Page 2 of 4
accordance with 10 Del. C. § 3l04 on January 5, 2005, and, in an abundance of caution, in
accordance with the Hague Convention on Service Abroad on March 15, 2005. The Long—Arm
service was completed, as evidenced by the registered mail return receipt attached hereto as
Exhibit A, and the service of process pursuant to the Hague Convention was received by Mr.
Kramer Bernard, as evidenced by the papers attached hereto as Exhibit B.
3. More than 20 days have passed since the service dates.
4. It appears from the Court’s docket, as of the date of this affidavit, that
defendant BBP has failed to answer or otherwise defend against the Complaint. Defendant BBP
has also failed to serve, as of the date of this affidavit, a copy of any answer or other responsive
filing upon me or any other attorney in this firm.
SWORN TO AND SUBSCRIBED before me, a Notary Public, the day and year
aforesaid.
Notary Public 5 g N.
My Commission Expires: 2[ g 0 lg Ogg?
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Case 1:04-cv—01564—KAJ Document 27 Filed 06/08/2005 Page 3 of 4
CERTIFICATE OF SERVICE
I, Adam W. Pofi Esquire, hereby certify that on June 8, 2005, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
using CM/ECF, which will send notification that such filing is available for viewing and
downloading to the following counsel of record:
Thomas C. Grimm, Esquire
Morris Nichols Arsht & Tunnell
1201 North Market Street
PO Box 1347
Wilmington, DE 19899-1347
I further certify that on June 8, 2005, I caused two copies of the foregoing document to be
served by hand delivery on the above-listed counsel of record and in the manner indicated below
following non—registered parties:
BY HAND DELIVERY
Bigmar, Inc.
c/o Corporation Service Company
7111 Centerville Road
Wilmington, DE 19808
BY REGISTERED MAIL
Bi gmar—Bioren Pharmaceuticals, S.A.
Via Cadepiano 24/26
CI·l—6917 Barbengo, Switzerland
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Case 1:04-cv—01564—KAJ Document 27 Filed 06/08/2005 Page 4 of 4
YOUNG CONAWAY ST TT & TAYLOR, LLP
Q y
Adam W. P (No. 3990)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
(302) 571-6600
[email protected]
Attorneys for Plaintiff
WP3:l095498.l 63688.1001