Free Amended Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00222-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. RUST and KAREN J. RUST, Plaintiffs, vs. BIOMEDICAL TISSUE SERVICES, LTD., MICHAEL MASTROMARINO, REGENERATION TECHNOLOGIES, INC., and MEDTRONIC SOFAMOR DANEK, USA, INC., Defendants. : C. A. NO. 07-222 (GMS) : : : : NON ADR CASE : : : : : JURY TRIAL OF TWELVE DEMANDED : : :

AMENDMENT TO COMPLAINT PURSUANT TO SUPERIOR COURT RULE 4(h)

Plaintiffs, John L. Rust and Karen J. Rust, amend their Amended Complaint as originally filed on March 28, 2007 by adding paragraph 79 which is intended to be incorporated in the aforesaid Amended Complaint and to be made a part thereof. 79. Defendant, Michael Mastromarino, is an individual residing in the State of New

Jersey. Thus, service of process upon him was required under 10 Del. C. §3104. On May 4, 2007, pursuant to the requirements of 10 Del. C. §3104, Plaintiffs' attorney mailed to Defendant, Michael Mastromarino a copy of the process and Amended Complaint which was served upon the Secretary of State on April 9, 2007, by registered mail, postage prepaid, return receipt requested, together with a letter informing him that the original of said process and Amended Complaint had been served upon the Secretary of State, and that in accordance with 10 Del.

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C. §3104, the service was effectual for all intents and purposes as if it had been made upon him personally within the State. On May 14, 2007, the return receipt was returned to Stumpf, Vickers & Sandy, P.A. A copy of the letter together with the registered mail receipt has been filed with the Court in a proof of receipt notice and affidavit. Defendant, Biomedical Tissue Services, Ltd., is a non-resident corporation of the State of Delaware. Thus, service of process upon them was required under 10 Del. C. §3104. On May 4, 2007, pursuant to the requirements of 10 Del. C. §3104, Plaintiffs' attorney mailed to Defendant, Biomedical Tissue Services, Ltd., a copy of the process and Amended Complaint which was served upon the Secretary of State on April 9, 2007, by registered mail, postage prepaid, return receipt requested, together with a letter informing them that the original of said process and Amended Complaint had been served upon the Secretary of State, and that in accordance with 10 Del. C. §3104, the service was effectual for all intents and purposes as if it had been made upon them personally within the State. On May 14, 2007, the return receipt was returned to Stumpf, Vickers & Sandy, P.A. A copy of the letter together with the registered mail receipt has been filed with the Court in a proof of receipt notice and affidavit.

STUMPF, VICKERS & SANDY, P.A. 8 West Market Street Georgetown, DE 19947 Attorney for Plaintiffs /s/ Brian F. Dolan BY:____________________________________ Brian F. Dolan I.D. #3190 DATED: May 18, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. RUST and KAREN J. RUST, Plaintiffs, vs. BIOMEDICAL TISSUE SERVICES, LTD., MICHAEL MASTROMARINO, REGENERATION TECHNOLOGIES, INC., and MEDTRONIC SOFAMOR DANEK, USA, INC., Defendants. : C. A. NO. 07-222 (GMS) : : : : NON ADR CASE : : : : : JURY TRIAL OF TWELVE DEMANDED : : :

NOTICE OF RECEIPT Plaintiffs, by their attorney, hereby files with this Court, in accordance with 10 Del. C. §3104, proof of receipts of notice by the Defendants, Michael Mastromarino and Biomedical Tissue Services, Ltd. Attached hereto as Exhibit "A" are the signed return receipts. The Affidavit of Attorney evidencing transmittal of said registered articles is attached hereto as Exhibit "B" and the actual notices sent to Defendants are attached hereto as Exhibit "C". STUMPF, VICKERS & SANDY, P.A. 8 West Market Street Georgetown, DE 19947 Attorney for Plaintiff /s/ Brian F. Dolan BY:____________________________________ Brian F. Dolan I.D. #3190 DATED: May 18, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN L. RUST and KAREN J. RUST, Plaintiffs, vs. BIOMEDICAL TISSUE SERVICES, LTD., MICHAEL MASTROMARINO, REGENERATION TECHNOLOGIES, INC., and MEDTRONIC SOFAMOR DANEK, USA, INC., Defendants. : C. A. NO. 07-222 (GMS) : : : : NON ADR CASE : : : : : JURY TRIAL OF TWELVE DEMANDED : : :

AFFIDAVIT OF ATTORNEY

BRIAN F. DOLAN, ESQUIRE, being duly sworn according to law, deposes and says: 1. That the law firm of Stumpf, Vickers & Sandy, P.A. is the attorney for Plaintiffs in

C. A. No. 07-222(GMS) wherein Biomedical Tissue Services, Ltd., and Michael Mastromarino are Defendants. 2. Defendant, Biomedical Tissue Services, Ltd., is a non-resident corporation of the

State of Delaware. 3. 4. Defendant, Michael Mastromarino, is a non-resident of the State of Delaware. The notice required in 10 Del. C. §3104 was mailed, by registered mail, postage

prepaid, return receipt requested on May 4, 2007. The receipts from Defendants, Biomedical Tissue Services and Michael Mastromarino were returned to sender on May 14, 2007.

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5.

The notice provided for in 10 Del. C. §3104 was contained in the envelopes at the

time they were mailed. 6. The receipts obtained at the time of mailing the envelopes containing the notice were

the receipts filed with this Affidavit.

/s/ Brian F. Dolan Brian F. Dolan I.D. No. 3190

SWORN TO AND SUBSCRIBED before me this 18th day of May, 2007.

/s/ Donna G. Mitchell Notary Public

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