Free Declaration in Support - District Court of California - California

Case 5:07-cv-04507-JF

Document 70

Filed 02/08/2008

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1 ROBERT J. YORIO (SBN 93178) [email protected] 2 COLBY B. SPRINGER (SBN 214868) [email protected] 3 CHRISTINE S. WATSON (SBN 218006) [email protected] 4 CARR & FERRELL LLP 2200 Geng Road 5 Palo Alto, California 94303 Telephone: (650) 812-3400 6 Facsimile: (650) 812-3444 7 Attorneys for Plaintiff ACTICON TECHNOLOGIES LLC 8 9 10 11 12 13 ACTICON TECHNOLOGIES LLC, 14 15 v. Plaintiff, DECLARATION OF CHRISTINE S. WATSON IN SUPPORT OF PLAINTIFF ACTICON TECHNOLOGIES LLC'S ADMINISTRATIVE MOTION FOR AUTHORIZATION TO SERVE COMPLAINT AND SUMMONS BY ALTERNATIVE MEANS AND EXTENSION OF TIME TO COMPLETE SERVICE CASE NO. C 07-4507 JF (HRL) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

16 PRETEC ELECTRONICS CORPORATION, a dissolved California corporation; PTI 17 GLOBAL, INC., a California corporation; CHIU FENG CHEN, an individual; GORDON 18 YU, an individual; TOMMY HO, an individual; ROBERT WU, an individual; GRACE YU, an 19 individual; KUEI LU, an individual; and DOES 1 through 20, 20 Defendants. 21 22 23 I, Christine S. Watson, declare as follows: 1.

I am an attorney at law licensed to practice before this Court and a member of the

24 law firm of Carr & Ferrell LLP, counsel of record for ACTICON TECHNOLOGIES LLC 25 ("ACTICON"), on whose behalf I make this declaration. I am one of the attorneys responsible for 26 representing ACTICON in this action, and the facts set out herein are within my personal 27 knowledge, or are based on documents in my possession and other information to which I have 28 access in the course of my duties. If called upon to do so I could and would testify to the truth -1Watson Decl. ISO Plaintiff's Administrative Motion for Alternative Service and Ext. of Time C 07-4507 JF (HRL)

Case 5:07-cv-04507-JF

Document 70

Filed 02/08/2008

Page 2 of 2

1 thereof. 2 2. With the assistance of a private investigator, counsel for ACTICON located a

3 residential address for Defendant KUEI LU. 4 3. On January 15, 2008, I was contacted by an individual who represented herself to be

5 one Kuei-Lan Margaret Lu. This individual represented to me that she was served with a copy of 6 the Summons and Complaint in this matter and that she resides at the address which ACTICON 7 received from its private investigator. She further represented to me in a telephone conversation, as 8 well as in written correspondence, that she is not the KUEI LU named in the Complaint and that 9 she has no affiliation with Defendants PRETEC ELECTRONICS CORPORATION and PTI 10 GLOBAL, INC. 11 4. Counsel for ACTICON has not yet located a residential address for the true

12 Defendant KUEI LU and does not possess any address information for this defendant other than the 13 address provided by the investigator. 14 5. I was unable to obtain a stipulation regarding the relief requested in ACTICON's

15 motion due to the fact that the correct KUEI LU has not yet been served with the Complaint and 16 Summons in this action and because I am unaware of her contact information. 17 6. A true and correct copy of a web page print out from the California Secretary of

18 State's web site regarding Defendant PTI GLOBAL, INC.'s corporate status is attached as Exhibit 19 "A". 20 I declare under penalty of perjury under the laws of the State of California and the United

21 States that the foregoing is true and correct. 22 23 24 25 26 27 28 -2Watson Decl. ISO Plaintiff's Administrative Motion for Alternative Service and Ext. of Time C 07-4507 JF (HRL) /s/ Christine S. Watson Christine S. Watson Executed this 7th day of February, 2007, in Palo Alto, California.