Free Declaration in Support - District Court of California - California

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff ) v. ) FIRST INTERNATIONAL DIGITAL, ) INC. an Illinois corporation; and DOES 1-) 100, ) ) ) Defendants. ) ) ) ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, // Case No. CV 07 55 25 JSW (BZ)

DECLARATION OF MELODY A. KRAMER DETAILING STEPS TAKEN TO PROVIDE DEFENDANT WITH NOTICE OF THIS HEARING Date: March 5, 2008 Time: 10:00 a.m. Courtroom G ­ 15th Floor Judge: Bernard Zimmerman

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I, MELODY A. KRAMER, declare: 1. I am not a party to the present action. I am over the age of eighteen. I

have personal knowledge of the facts contained within the following paragraphs, and could and would competently testify thereto if called as a witness in a court of law. 2. At all times relevant herein I have been an attorney for Sorensen

Research and Development Trust ("SRDT"), Plaintiff in the above-captioned matter. 3. The following details the steps I have taken on behalf of my client to

provide the defaulting Defendant, First International Digital, Inc. ("FID"), of these default proceedings. Based upon the following information, it is my belief that that FID and its representatives actually received notice of this suit, did not intend to file any responsive pleading, understood that this matter would proceed to default, and is aware that these default proceedings are occurring. 4. Prior to filing this case, I located publicly available records from the

Illinois Secretary of State's office identifying Defendant First International Digital, Inc.'s Registered Agent for Service address as Shay-Ping T Wang, 1701 Edgewood Ln., Long Grove, IL 60047. A true and correct copy of the printout from the official website is attached hereto as Exhibit A. 5. Prior to filing of this case, I became aware that FID, on or about April

19, 2007, had executed an Assignment for Benefit of Creditors with Assignee being David Abrams of Chicago, Illinois. Plaintiff filed a formal claim against the FID assets and also requested permission to review FID's records. 6. On October 24, 2007 I received an email from Mr. Jacobson of Mr.

Abrams' office stated that after speaking with the "principal of FID Inc." (who, upon information and belief, is Shay-Ping T. Wang), they were refusing to acknowledge Plaintiff as a creditor of FID. He furthermore stated that "If you have obtained a judgment against FID or do in the future . . . we will grant you access to the [FID] records."

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7.

The Complaint in this matter was filed on October 30, 2007 and

subsequently served on FID's registered agent for service of process, Shay-Ping T. Want, as reflected in the Amended Summons Returned Executed (Docket #16) in this case. 8. In addition to formal service of process, on November 1, 2007, I sent a

letter with a copy of the Complaint to Mr. Abrams and Mr. Jacobson. 9. Subsequently, I received a phone call and follow-up letter dated

November 30, 2007 from attorney Chester Foster, attorney for Mr. Abrams. That call and letter confirmed that FID did not intend to defend this lawsuit, and that if my client obtained a judgment against FID, they could file a claim against the FID estate for the amount of the judgment. 10. On January 18, 2008, I served the "Order Scheduling Hearing on

Plaintiff's Motion for Default Judgment on the Defendant First International Digital, Inc." by U.S. Certified Mail to the following address: Shay-Ping T Wang, 1701 Edgewood LN., Long Grove, IL 60047. A true and correct copy of the Proof of Service and Certified Mail Receipt is attached hereto as Exhibit B. 11. FID received service of the Order on January 22, 2008. A true and

correct copy of the Domestic Return Receipt is attached hereto as Exhibit C. 12. On February 14, 2008, I caused my secretary, Evgenia Bjork, to deposit

with the FedEx a copy of "Amended Order Scheduling Hearing on Plaintiff's Motion for Default Judgment" addressed to Mr. Foster. A true and correct copy of the Proof of Service is attached hereto as Exhibit D. 13. Mr. Foster received service of the above-named Order on February 15,

2008. A true and correct copy of the FedEx Shipment Delivery Confirmation is attached hereto as Exhibit E. 14. A copy of this Declaration is being sent to Mr. Foster and Mr. Wang,

though not specifically required by the Court. //
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DATED this 26th day of February, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. Attorney for Plaintiff

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PROOF OF SERVICE I, Melody A. Kramer declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. I am a member of the State Bar of California and the Bar of this Court. On February 26, 2008, I served on the parties to this action the following documents:

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DECLARATION OF MELODY A. KRAMER DETAILING STEPS TAKEN TO PROVIDE DEFENDANT WITH NOTICE OF THIS HEARING
PERSON(S) SERVED PARTY(IES) SERVED METHOD OF SERVICE Federal Express

Chester H. Foster, Jr. Foster, Kallen & Smith 3825 W. 192nd Street Homewood, IL 60430

Attorney for David Abrams, Assignee for First International Digital (no appearance filed in this case) Registered Agent of First International Digital, Inc. (no appearance filed in this case)

Shay-Ping T. Wang 1701 Edgewood Ln. Long Grove, IL 60047

Federal Express

(Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. X (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery.

I declare that the foregoing is true and correct, and that this declaration was executed on Tuesday, February 26, 2008, in San Diego, California. /s/ Melody A. Kramer __________________________ Melody A. Kramer

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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