Free Notice of Removal - District Court of California - California

Case 4:08-cv-04034-SBA

Document 8

Filed 08/27/2008

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A Professional Corporation San Francisco

GEORGE G. WEICKHARDT (SBN 58586) WENDY C. KROG (SBN 257010) ROPERS, MAJESKI, KOHN & BENTLEY 201 Spear Street, Suite 1000 San Francisco, CA 94105 Telephone: (415) 543-4800 Facsimile: (415) 972-6301 Email: [email protected] [email protected] Attorneys for Defendant CHASE BANK USA, N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AURELIO T. DAMIAN, an individual, Plaintiff, v. CHASE BANK USA, N.A.; MANN BRACKEN, LLC; DOES 1 THROUGH 10, Defendants. Attached hereto as Exhibit D is a copy of the Summons issued by the Superior Court of California, County of San Francisco, in the action entitled Aurelio T. Damian, an individual, plaintiff vs. Chase Bank USA, N.A.; Mann Bracken, LLC, defendants, Case No. CGC-08-474564. Dated: August 27, 2008 ROPERS, MAJESKI, KOHN & BENTLEY CASE NO. CV 08 04034 SBA EXHIBIT D ­ SUMMONS ISSUED IN STATE COURT ACTION

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By: /s/ Wendy C. Krog GEORGE G. WEICKHARDT WENDY C. KROG Attorneys for Defendant CHASE BANK USA, N.A.

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-1EXHIBIT D ­ SUMMONS ISSUED IN STATE COURT ACTION

Case 4:08-cv-04034-SBA

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Filed 08/27/2008

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A Professional Corporation San Francisco

CERTIFICATE OF SERVICE CASE NAME: ACTION NO.: Damian v. Chase Bank USA, N.A., et al. C 08-04034 SBA

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First Class Mail Overnight Delivery

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Facsimile E-Mail/Electronic Delivery

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Messenger Service

2. At the time of service I was over 18 years of age and not a party to this action and a Citizen of the United States. 3. My business address is 201 Spear St., Suite 1000, San Francisco, California 94105. 4. On August 27, 2008, I served the following documents: EXHIBIT D ­ SUMMONS ISSUED IN STATE COURT ACTION 5. I served the documents on the persons at the address below (along with their fax numbers and/or email addresses if service was by fax or email): Attorneys for plaintiff Irving L. Berg, Esq. THE BERG LAW GROUP 145 Town Center, PMB 493 Corte Madera, CA 94925 Tel: (415) 924-0742 Fax: (415) 891-8208 E-mail: [email protected] Attorneys for Mann Bracken, LLC Mark E. Ellis, Esq. Andrew M. Steinheimer, Esq. Darrell W. Spence, Esq. ELLIS, COLEMAN, POIRIER, LAVOIE & STEINHEIMER LLP 555 University Ave., Suite 200 East Sacramento, CA 95825 Tel: (916) 283-8820; Fax: (916) 283-8821

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6. I served the documents by the following means: a. ý By United States mail: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses specified in item 4 and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. b. ¨ By overnight delivery: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. c. ¨ By messenger: I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a messenger for service. (Separate declaration of personal service to be provided by the messenger.) d. ¨ By fax transmission: Based on an agreement between the parties and in conformance with Fed. Rules Civ. Proc. rule 5, and/or as a courtesy, I faxed the documents to the
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-1PROOF OF SERVICE

Case 4:08-cv-04034-SBA

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Filed 08/27/2008

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A Professional Corporation San Francisco

persons at the fax numbers listed in item 4. (Separate Proof of Transmission by Fax to be provided.) e. ¨ By email or electronic transmission: Based on an agreement between the parties and/or as a courtesy, I sent the documents to the persons at the email addresses listed in item 4. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I am employed in the office of a member of the bar of this court at whose direction the service was made. I certify under penalty of perjury that the foregoing is true and correct. Date: August 27, 2008 Damyta Jones Type Name /s/ Damyta Jones Signature

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-2PROOF OF SERVICE