Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02209-L-WMC

Document 9-3

Filed 01/10/2008

Page 1 of 3

GREGORY P. STONE (State Bar No. 78329) Email: (;regorv.Stone(u),n~to.com MLINGER, TOLLES & OLSON LLP 355 South Grand Avenue, Thirty-Fifth Floor Los Angeles, CA 90071 -1 560 'Telepllone: (2 13) 683-9100 Facsimile: (21 3) 687-3702 ROSEMARIE T. RING (State Bar No. 220769) Email: Kose.Kinrr(ir),mto.co~n MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94 105-2907 (4 15) 5 12-4000 Telephone: Facsimile: (4 15) 5 12-4077 Attorneys for Defendants MICROSOFT CORPORATION and BUNGIE, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

RANDY NUNEZ, on Behalf of Himself,
and All Others Similarly Situated,

CV NO. 07cv2209-L (WMC)
CERTIFICATE OF SERVICE

Plaintiffs,
VS.

MICKOSOF'T CORPORATION, a Washington corporation, and BUNGIE, L.L.C., a Delaware Limited Liability Company,, Defendants.

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CERI'IFICATE OF SERVICE CV No. 0 7 ~ ~ 2 2 0 9 (WMC) -L

Case 3:07-cv-02209-L-WMC

Document 9-3

Filed 01/10/2008

Page 2 of 3

CERTIFICATE OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO:

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I, the undersigned, declare: that I am employed in the aforesaid County; I am over the age of' 18 and not a party to the within action; my business address is 560 Mission Street, 27th Floor, Sail Francisco, California 94 105.
On January 10, 2008, I served upon the interested party(ies) in this action the foregoing document(s) described as: NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT UNDER RULE 12(b)(6) AND RULE 9(b) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS COMPLAINT UNDER RULE 12(b)(6) AND RULE 9(b) CERTIFICATE OF SERVICE

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By placing the original El a true copy thereof enclosed in sealed envelope(s) addressed as stated on the attached service list. BY FEDERAL EXPRESS PRIORITY OVERNIGHT DELIVERY (AS INDICATED ON SERVICE LIST) I caused such envelope(s) to be placed for Federal Express collection and delivery at San Francisco, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for Federal Express mailing. Under that practice it would be deposited with the Federal Express office on that same day with instructions for overnight delivery, fully prepaid, at San Francisco, California in the ordinary course of business. BY MAIL (AS INDICATED ON ATTACHED SERVICE LIST) I caused such envelope(s) to be deposited with postage thereon fully prepaid in the United States mail at a facility regularly maintained by the United States Postal Service at San Francisco, California. I am "readily familiar" with the firm's practice of collecting and processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter.

BY ELECTRONIC MAIL (AS INDICATED ON SERVICE LIST) I caused such documents to be sent by electronic mail.
1 declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made.

CERTIFICATE OF SERVICE CV No. 0 7 ~ ~ 2 2 0 9 - L (WMC)

Case 3:07-cv-02209-L-WMC

Document 9-3

Filed 01/10/2008

Page 3 of 3

Andrew S. Friedman Garrett W. Wotkyns Bonnett, Fairbourn, Friedman & Balint, P.C. 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: (602) 274-1 100 Facsimile: (602) 274-1 199 Email : [email protected]; [email protected] Service by Federal Express and e-mail

Todd Carpenter Bonnett, Fairbourn, Friedman & Balint, P.C. 501 West Broadway Suite 1450 San Diego, CA 92 10 1 Telephone: Facsimile: (6 19) 756-6978 (602) 274-1 199

Email: [email protected]

Service by Federal Express and e-mail

CERTIFICATE OF SERVICE CV No. 07cv2209-L (WMC)