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Paul Andrew Mitchell, Sui Juris
c/o Forwarding Agent at:
11230 Gold Express Dr., #310-188
Gold River 95670-4484
CALIFORNIA, USA
In Propria Persona
All Rights Reserved
without Prejudice
District Court of the United States
Eastern Judicial District of California
Paul Andrew Mitchell,
)
)
Plaintiff,
)
)
v.
)
)
AOL Time Warner, Inc. et al., )
)
Defendants.
)
______________________________)
No. CIV. S-01-1480 WBS DAD PS
STATUS REPORT OF SUMMONS SERVICE,
NOTICE OF MOTION AND
MOTION FOR LEAVE TO SERVE
VIA PRIORITY U.S. MAIL:
28 U.S.C. 1746(1)
31
32
COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case,
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to summarize the current status of formal service of the SUMMONS and
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COMPLAINT,
35
SUMMONSES
36
Confirmation.
and
and
respectfully
COMPLAINTS
to
via
request
Priority
leave
U.S.
to
serve
Mail
outstanding
with
Delivery
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CURRENT STATUS OF SERVICE
OF SUMMONSES AND COMPLAINTS
There are one hundred twenty-nine (129) named Defendants in the
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initial COMPLAINT and three (3) SUPPLEMENTS.
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the THIRD SUPPLEMENT for a complete list.
See the caption pages of
Status of Service, and Request for Leave to Serve via Mail:
Page 1 of 7
1
On August 6, 2001 A.D., Plaintiff posted a COMPLAINT and NOTICE
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OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS, via parcel
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post, to all named Defendants for whom Plaintiff had a valid last
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known address.
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posted via Letter-Post-Air.
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Packages to Canadian and European Defendants were
The total bill came to $504.92.
First class U.S. Mail was recently returned from the last known,
and only available, addresses of the following named Defendants:
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Adit Seth
George R. Boyce
Barrett Owens
A2Z Computers & Software
Carrie Malcolm
David W. Starr
ALH
EZ2 Network, Inc.
Hacked Archives
INCORPTEK.COM
Phreak Network Solutions
Transworld Mail Express
Luke Stevens
The Works BBS
C.J. Sollien
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The
Total
=
law
Return to Sender
Return to Sender
Box Closed, No Order
Box Closed, No Order
Addressee Unknown
Forwarding Order Expired
Forwarding Order Expired
Undeliverable as Addressed
No Such Address
Forwarding Order Expired
No Such Street in Salt Lake City
Not Here: Return to Sender
Return to Sender
Attempted, Unknown
Undeliverable as Addressed
15 undeliverable addresses
firm
of
Pillsbury
Winthrop,
LLP,
in
Sacramento,
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California, has been retained by ten (10) university Defendants, and
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one (1) individual, and each has agreed to waive service of SUMMONS
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and COMPLAINT.
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These eleven (11) named Defendants are:
Embry-Riddle Aeronautical University
Indiana University
Northeastern University
Pennsylvania State University
Princeton University
Stanford University
Stetson University
University of Arkansas
University of Michigan
California Institute of Technology
Mitchell Goodkin
Subtotal
=
11 confirmed waivers
Status of Service, and Request for Leave to Serve via Mail:
Page 2 of 7
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Carnegie Mellon University has also waived formal
service of
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SUMMONS and COMPLAINT.
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court on behalf of Defendant Carnegie Mellon University by the law
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firm of Ropers, Majeski, Kohn & Bentley in Redwood City, California.
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Total
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To demonstrate the convenience and cost-effectiveness of Priority
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U.S. Mail with Delivery Confirmation, Plaintiff isolated all named
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Defendants for which the last known address and only available address
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was
a
=
Pleadings have now been lodged in the wrong
U.S.
12 confirmed waivers
Post
Office
Box.
Plaintiff
then
posted
the
Clerk’s
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original SUMMONS, and a true and correct copy of the initial COMPLAINT
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and related Clerk’s documents, to the following named Defendants:
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James H. Daugherty
James Daughert—AA Research
Midwest Internet Exchange, Inc.
Leander Pearson
Burntfork Rural Systems
Telecode
Desert Video Production
Dave Alexander
Cosmic Awareness Communications
Floyd W. Shackelford
Four Peaks Technology Groups
Dan Turkette
Todd R. Eigenschink
David Feustel
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Proofs of delivery, as provided online by the website of the U.S.
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Postal Service, are attached and incorporated by reference, as if set
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forth fully herein.
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Total Deliveries
=
Status of Delivery
-----------------delivered 10/15/2001
delivered 10/15/2001
delivered 10/15/2001
awaiting pickup at USPO
awaiting pickup at USPO
awaiting pickup at USPO
awaiting pickup at USPO
delivered 10/15/2001
delivered 10/15/2001
delivered 10/15/2001
delivered 10/15/2001
delivered 10/15/2001
delivered 10/15/2001
delivered 10/15/2001
10 out of 14
See Attachment “A”.
In anticipation of obtaining leave of this Court to serve all
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remaining
named
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Confirmation
Defendants
provided
by
via
the
Priority
website
of
U.S.
the
Mail,
U.S.
with
Delivery
Postal
Service,
Status of Service, and Request for Leave to Serve via Mail:
Page 3 of 7
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Plaintiff has now packaged all remaining SUMMONSES and COMPLAINTS in
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Medium Priority U.S. Mail rigid shipping boxes.
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SUMMONSES and COMPLAINTS for Defendants in Europe and Canada are
packaged in U.S. Postal Service Global Priority Mail envelopes.
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All such packages are still open, to allow insertion of this
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Court’s ORDER granting leave to serve all outstanding SUMMONSES and
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COMPLAINTS in the manner described above.
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Serving all remaining Defendants in this manner will be most
convenient,
cost-effective,
and
will
comply
with
the
duty
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Parties to avoid unnecessary costs.
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and expense involved in dealing with exceptions as they arise.
of
all
It will also minimize the time
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For example, some named Defendants are delaying or declining to
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pickup their Priority U.S. Mail, after receiving written notices from
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the Post Office that mail is waiting for them.
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Plaintiff
speculates
that
some
of
the
Post
Office
boxes
in
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question may also be too small to accommodate the Medium Priority
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cardboard boxes in which each SUMMONS and COMPLAINT was mailed.
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REMEDY REQUESTED
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All premises having been duly considered, Plaintiff respectfully
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requests a routine ORDER from this honorable Court, granting leave to
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serve all outstanding SUMMONSES and COMPLAINTS via Priority United
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States Mail and Delivery Confirmation, with the understanding that
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Plaintiff
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Status Conference tentatively scheduled for October 29, 2001 A.D.
will
submit
an
updated
STATUS
REPORT
in
advance
of
the
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Status of Service, and Request for Leave to Serve via Mail:
Page 4 of 7
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VERIFICATION
I,
Paul
Andrew
Mitchell,
Sui
Juris,
Plaintiff
in
the
above
3
entitled action, hereby verify under penalty of perjury, under the
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laws of the United States of America, without the “United States”
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(federal government), that the above statement of facts and laws is
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true and correct, according to the best of My current information,
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knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).
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Dated:
October 18, 2001 A.D.
Signed:
/s/ Paul Andrew Mitchell
___________________________________________
Paul Andrew Mitchell, B.A., M.S., Sui Juris
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Printed:
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Status of Service, and Request for Leave to Serve via Mail:
Page 5 of 7
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PROOF OF SERVICE
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I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of
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perjury, under the laws of the United States of America, without the
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“United States” (federal government), that I am at least 18 years of
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age, a Citizen of ONE OF the United States of America, and that I
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personally served the following document(s):
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STATUS REPORT OF SUMMONS SERVICE,
NOTICE OF MOTION AND
MOTION FOR LEAVE TO SERVE
VIA PRIORITY U.S. MAIL:
28 U.S.C. 1746(1)
by placing one true and correct copy of said document(s) in first
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class United States Mail, with postage prepaid and properly addressed
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to the following:
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Pillsbury Winthrop, LLP
400 Capitol Mall, Suite 1700
Sacramento 95814-4419
CALIFORNIA, USA
Ropers, Majeski, Kohn & Bentley
1001 Marshall Street
Redwood City 94063
CALIFORNIA, USA
DeForest & Koscelnik
3000 Koppers Building
436 Seventh Avenue
Pittsburgh 15219
PENNSYLVANIA, USA
Lonnie G. Schmidt
Settlement Negotiator
11230 Gold Express Dr., #310-188
Gold River 95670-4484
CALIFORNIA, USA
Dated:
October 18, 2001 A.D.
Signed:
/s/ Paul Andrew Mitchell
__________________________________________________
Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona
Status of Service, and Request for Leave to Serve via Mail:
Page 6 of 7
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Attachment “A”:
Delivery Confirmations
from
Website of the U.S. Postal Service:
http://www.usps.com
Status of Service, and Request for Leave to Serve via Mail:
Page 7 of 7