Case 3:07-cv-04946-JSW
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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) DECLARATION OF STEPHEN S. WU S P O T N P A N IF ' U P R I G L I T F S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANTS WEI-MAN RAYMOND TSE, JIAN XIAO, AND VICTOR SO UNDER FED. R. CIV. P. 55(a)
I, Stephen S. Wu, declare: 1. I am one of the attorneys for Plaintiffs in this action. I make this declaration in
spot f ln f ' upro Pa tf Request for Entry of Default Against Defendants Wei-Man Raymond Tse, i is Jian Xiao, and Victor So Under Fed. R. Civ. P. 55(a).
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2.
O Sp m e 2, 07 I asdPa tf C m ln i t s aet b fe n et br 4 20, cue ln f ' o p i n h cs o e id e i is at i l
with this Court. Wei-Man Raymond Tse, Jian Xiao, and Victor So are all defendants in this case. 3. On September 27, 2007, the Complaint, Summons, and other documents required
to be served were served on Wei-Man Raymond Tse. This is shown in the Declaration of Personal Service of Glen Alberigi that was e-filed on October 1, 2007 (Docket, Document 6). I attach hereto as Exhibit A a copy of the Declaration of Personal Service on Mr. Tse. In addition, Christopher Cooke, counsel for Plaintiffs, mailed to Mr. Tse at his business address an extra copy of the Summons, Complaint, and other materials served personally on Mr. Tse, because Mr. Tse had dropped the papers after Mr. Alberigi handed them to Mr. Tse. I attach hereto as Exhibit B a copy of the Declaration of Christopher Cooke Regarding Service on Wei-Ma " am n" n R y od Tse. 4. On October 1, 2007, the Complaint, Summons, and other documents required to
be served were served on Jian Xiao. This is shown in the Proof of Service that was e-filed on October 4, 2007 (Docket, Document 8). I attach hereto as Exhibit C a copy of the Proof of Service on Mr. Xiao. 5. On October 5, 2007, the Complaint, Summons, and other documents required to
be served were served on Victor So. This is shown in the Proof of Service of Summons that was e-filed on October 12, 2007 (Docket, Document 11). I attach hereto as Exhibit D a copy of the Proof of Service on Mr. So. 6. On November 5, 2007 at 9:00 a.m., I checked the docket of this case through
PACER, and it reflects that no Answer or other response to the Complaint has been filed by any of the defendants. The docket also reflects that no defendant has entered an appearance in this case. I printed the docket entries and list of appearances from PACER as of 9:00 a.m. on November 5, 2007 and attach them hereto as Exhibit E. 7. In addition, this is an e-filing case. I am registered in this district for e-filing and
have received electronic notices from the Court of filings in this case. As of 9:00 a.m. on November 5, 2007, I have received no electronic notices from the Court that an Answer, other
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response to the Complaint, or any other document has been filed by Defendants Tse, Xiao, and So. Finally, as of 9:00 a.m. on November 5, 2007, I have not received from Defendants Tse, Xiao, or So an Answer or other response to the Complaint in the mail, by fax, by email, or in any other form. I declare under penalty of perjury under the laws of the United States and of the State of California that the foregoing is true and correct. Executed on November 5, 2007.
STEPHEN S. WU
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EXHIBIT A
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EXHIBIT B
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-4946 WHA DECLARATION OF CHRISTOPHER COOKE REGARDING SERVICE ON WEI-MAN "RAYMOND" TSE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs
I, CHRISTOPHER COOKE DECLARE AND STATE: 1. I am attorney in California and am appearing for the plaintiffs in this matter. I
make this declaration of my own personal knowledge.
-1COOKE DEC. RE SERVICE ON RAYMOND TSE/C-07-4946 WHA
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2.
I am employed in San Mateo, California, am over the age of eighteen years, and
am not a party to the above-captioned action. My business address is 177 Bovet Road, Suite 600, San Mateo, CA 94402. On the date set forth below, I caused the following documents: Summons in a Civil Case Complaint and Request for Jury Trial Order Setting Case Management Conference Supplemental Order to Order Setting Case Management Conference in Civil Cases Before Judge William Alsup Civil Cover Sheet Notice of Availability of Magistrate Judge to Exercise Jurisdiction U.S. District Court Northern District of California ECF Registration Information Handout Certificate of Interested Entities or Persons Administrative Motion to Consider Whether Cases Should be Related Welcome to the U.S. District Court, San Francisco to be served on the parties listed below by the following manner: (By Mail) By placing a true and correct copy of the referenced documents, enclosed in a sealed envelope addressed as stated below, with first class postage thereon fully prepaid, for collection and mailing on the date set forth herein following ordinary business practices, in the United States Mail, San Mateo, California Raymond Tse 555 Montgomery Street, Suite 610 San Francisco, CA 94111 3. I sent Mr. Tse these documents by mail on October 2, 2007 even though a
licensed private investigator and registered process server, Glen Alberigi, had previously 25 26 27 28 served copies of the same documents on Mr. Tse on September 27, 2007 because Mr. Alberigi reported to me that Mr. Tse dropped the documents on the floor after Mr. Alberigi handed them to Mr. Tse, and because today I received a set of these same documents in the mail accompanied by an anonymous note stating "We found this on the floor," in an envelope with a -2COOKE DEC. RE SERVICE ON RAYMOND TSE/C-07-4946 WHA
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return address for the United Commercial Bank, 555 Montgomery Street, San Francisco, CA 94111. I have reason to believe that the foregoing address is a valid business address for Mr. Tse because 555 Montgomery Street is the address at which Mr. Tse was served by Mr. Alberigi on September 27 (in the lobby of the building), and, I am informed and believe that Mr. Tse uses the offices located in Suite 610 at this address. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 2, 2007.
/S/ CHRISTOPHER COOKE
-3COOKE DEC. RE SERVICE ON RAYMOND TSE/C-07-4946 WHA
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EXHIBIT C
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EXHIBIT D
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