Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1:04-cv-00910-GIVIS Document 134-4 Filed O3/13/2006 Page 1 013

Case 1 :04-cv-00910-GIVIS Document 134-4 Filed 03/13/2006 Page 2 of 3
UNITED STATES DIS'I‘R[C’I` COURT
FOR THE DISTRICT OF DELAWARE
IN'I‘EGRATED HEALTH SERVICES OF )
CLIFF MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBEND, ) Civil Action No. 04-910 ·”
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, INC., BRIARCLIFF NURSING )
HOME, INC., SPRING CREEK OF IHS, INC., )
FIRELANDS OF IHS, INC., ELM CREEK OF )
IHS, INC., and IHS LONG TERM CARE )
SERVICES, INC., )
)
Plaintiffs, )
)
v. )
)
TI-ICI COMPANY LLC, )
)
Defendant, )
)
v. g
ABE BRLARWOOD CORPORATION and )
JOHN DOES I-I0, )
)
Additional Counterclaim )
Defendants, )

DECLARATION OF ISHIORE ZIMERMAN
ISH} ORE ZIIVIYERMAN declares:
1. I am Managing Clerk of Troutman Sanders LLP. Persons seeking to
serve papers upon this Firm are generally directed to me.
2. On or about December 27, 2005, someone came to this Firm to serve
papers, and was directed to me. I was handed the papers, and saw that it was a subpoena
addressed to Leonard Grunstein, Esq., a Member of this Firm. I advised the process server, ln

Case 1 :04-cv-00910-GIVIS Document 134-4 Filed 03/13/2006 Page 3 of 3
accordance with my standing instructions, that I can accept papers only on behatf of the Firm,
in actions where it is the attorney for a party, and that I was not authorized to accept a subpoena
on behatf of Mr. Gmnstein. The process server answered, "That’s ai} right", or something to
that effect, and left, leaving the subpoena behind. l
3. I understand the process server submitted a Deciaration of Service
claiming I told him not onty that I was authorized to accept on behalf of Mr. Grunstein (I never
said that, and indeed told him the opposite), but that I stated I was authorized to accept atl
corporation papers too. The utter falsity of bis statement is proved by that last assertion. There
was no corporation being served, and we obviously never had any conversation whatsoever
about whether I was authorized to accept service on behalf of a corporation.
4. I dectare, under penalty of perjury, that the foregoing is true and correct'.
Executed on March 2006. _ ,= L;
Isid;eL;` ‘