Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al Doc.

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1 MARTIN D. SINGER, ESQ. (BAR NO. 78166)

WILLIAM J. BRIGGS, II, ESQ. (BAR NO. 144717)
2 EVAN N. SPIEGEL, ESQ. (BAR NO. 198071)
LAVELY & SINGER PROFESSIONAL CORPORATION
3 2049 Century Park East, Suite 2400
Los Angeles, California 90067-2906
4 Telephone: (310) 556-3501
Facsimile: (310) 556-3615
5 E-mail: wbriggs@lavelysinger.com
E-mail: espiegel@lavelysinger.com
6
Attorneys for Plaintiffs
7 BANK JULIUS BAER & CO. LTD and
JULIUS BAER BANK AND TRUST CO. LTD
8

9 UNITED STATES DISTRICT COURT

10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
11 SAN FRANCISCO DIVISION
12 BANK JULIUS BAER & CO. ) CASE NO. CV08-0824 JSW
LTD, a Swiss entity; and JULIUS ) [Hon. Jeffrey S. White; CRTM 2]
13 BAER BANK AND TRUST CO. )
LTD, a Cayman Islands entity, ) PROOF OF SERVICE
14 )
Plaintiffs, ) [Filed Concurrently With: Ex Parte
15 ) Application For Order Deeming Service
v. ) Effected, or in the Alternative, Permitting
16 ) Alternative Methods of Service of
WIKILEAKS, an entity of unknown ) Summons and Complaint, or Additional
17 form, WIKILEAKS.ORG, an entity ) Time; and Memorandum of Points and
of unknown form; DYNADOT, ) Authorities; Declaration Evan N. Spiegel
18 LLC, a California limited liability ) In Support of Thereof; and [Proposed]
corporation, and DOES 1 through ) Order]]
19 10, inclusive, )
)
20 Defendants. ) DATE: Submission
) TIME: Submission
21 ) CTRM: 2, 17th FL
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4405-2\Ple\POS 021208 1 PROOF OF SERVICE

CV08-0824 JSW RE EX PARTE APPL. RE SERVICE
Dockets.Justia.com
 1 PROOF OF SERVICE
FRCP 5
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am
4 over the age of 18 and not a party to the within action. My business address is
2049 Century Park East, Suite 2400, Los Angeles, California 90067-2906.
5
On the date listed below, I served the foregoing documents described as:
6
(1) Ex Parte Application For Order Deeming Service Effected, or in the
7 Alternative, Permitting Alternative Methods of Service of Summons and
Complaint, or Additional Time; and Memorandum of Points and
8 Authorities;
9 (2) Declaration Evan N. Spiegel In Support of Thereof; and
10 (3) [Proposed] Order
11 on the interested parties in this action by placing:
[X] a true and correct copy -OR- [ ] the original document
12 thereof enclosed in sealed envelopes addressed as follows:

13 Attorney For Defendants Attorney for Defendant Dynadot

Wikileaks and Wikileaks.org
14 Garret D. Murai, Esq.
Julie S. Turner, Esq. WENDEL, ROSEN, BLACK & DEAN LLP
15 The Turner Law Firm 1111 Broadway, 24th Floor
344 Tennessee Ln Oakland, California 94607
16 Palo Alto, CA 94306 Telephone: (510) 834-6600
Telephone: (650) 494-1530 Facsimile: (510) 808-4713
17 Facsimile: (650) 472-8028

18
[ ] VIA MAIL:
19 [ ] I deposited such envelope in the mail at Los Angeles, California.
The envelope was mailed with postage thereon fully prepaid.
20 [ ] As follows: I am "readily familiar" with the firm's practice of
collection and processing correspondence for mailing. Under that
21 practice it would be deposited with U.S. postal service on that same
day with postage thereon fully prepaid at Los Angeles, California in
22 the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date
23 or postage meter date is more than one day after date of deposit for
mailing in affidavit.
24
[ ] VIA PERSONAL SERVICE:
25 [ ] I caused such document to be delivered to the offices of the
addressee(s), via hand delivery.
26
[X ] BY FACSIMILE: I served the foregoing document described by facsimile
27 machine located at telephone number 310-556-3615, pursuant to California
Rules of Court Rules 2008 and 2009, to the interested parties in this action:
28 The facsimile machine I used complied with California Rules of Court Rule

4405-2\Ple\POS 021208 2 PROOF OF SERVICE

CV08-0824 JSW RE EX PARTE APPL. RE SERVICE
 1 2003(3). The transmission was complete and no error was reported by the
machine. I caused the machine to print a transmission record of the
2 transmission, a copy of which is attached to this Declaration.
3 I declare that I am duly employed in the office of a member of the bar of
this Court at whose direction the service was made. Executed February 13,
4 2008, at Los Angeles, California.

5 /s/
Tiffany Vogt
6
I hereby attest that I have on file all holographic signatures for any
7 signatures indicated by a conformed signature (/s/) within this efiled document.
8 /s/
WILLIAM J. BRIGGS, II
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4405-2\Ple\POS 021208 3 PROOF OF SERVICE

CV08-0824 JSW RE EX PARTE APPL. RE SERVICE
 1 PROOF OF SERVICE
FRCP 5
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am
4 over the age of 18 and not a party to the within action. My business address is
2049 Century Park East, Suite 2400, Los Angeles, California 90067-2906.
5
On the date listed below, I served the foregoing documents described as:
6
(1) Ex Parte Application For Order Deeming Service Effected, or in the
7 Alternative, Permitting Alternative Methods of Service of Summons and
Complaint, or Additional Time; and Memorandum of Points and
8 Authorities;
9 (2) Declaration Evan N. Spiegel In Support of Thereof; and
10 (3) [Proposed] Order
11 on the interested parties in this action by placing:
[X] a true and correct copy -OR- [ ] the original document
12 thereof enclosed in sealed envelopes addressed as follows:

13 Agent For Service For Defendants Agent For Service For Defendants Wikileaks
Wikileaks and Wikileaks.org and Wikileaks.org
14
Wikileaks.org John Shipton
15 John Shipton c/o Dynadot Privacy c/o WLK PO Box 8098-00200
Dynadot, LLC Nairobi, KENYA
16 P.O. Box 701
San Mateo, CA 94401
17 Phone: (650) 585-1961

18
[ ] VIA MAIL:
19 [ ] I deposited such envelope in the mail at Los Angeles, California.
The envelope was mailed with postage thereon fully prepaid.
20 [ ] As follows: I am "readily familiar" with the firm's practice of
collection and processing correspondence for mailing. Under that
21 practice it would be deposited with U.S. postal service on that same
day with postage thereon fully prepaid at Los Angeles, California in
22 the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date
23 or postage meter date is more than one day after date of deposit for
mailing in affidavit.
24
[X ] BY PRIORITY MAIL DELIVERY
25 [ X ] As follows: I am "readily familiar" with the firm's practice of
collection and processing correspondence for priority mail delivery
26 service. Under that practice it would be deposited with the overnight
delivery service on that same day with all costs fully prepaid at Los
27 Angeles, California in the ordinary course of business.
28 [ ] VIA PERSONAL SERVICE:

4405-2\Ple\POS 021208 4 PROOF OF SERVICE

CV08-0824 JSW RE EX PARTE APPL. RE SERVICE
 1 [ ] I caused such document to be delivered to the offices of the
addressee(s), via hand delivery.
2
[] BY FACSIMILE: I served the foregoing document described by facsimile
3 machine located at telephone number 310-556-3615, pursuant to California
Rules of Court Rules 2008 and 2009, to the interested parties in this action:
4 The facsimile machine I used complied with California Rules of Court Rule
2003(3). The transmission was complete and no error was reported by the
5 machine. I caused the machine to print a transmission record of the
transmission, a copy of which is attached to this Declaration.
6
I declare that I am duly employed in the office of a member of the bar of
7 this Court at whose direction the service was made. Executed February 13,
2008, at Los Angeles, California.
8
/s/
9 Tiffany Vogt
10 I hereby attest that I have on file all holographic signatures for any
signatures indicated by a conformed signature (/s/) within this efiled document.
11
/s/
12 WILLIAM J. BRIGGS, II
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CV08-0824 JSW RE EX PARTE APPL. RE SERVICE