Reply Declaration of Roger Teich re Rule 4(f)(3) Order — CHD v. Facebook et al. (Document 45-2)

Summary

This is the reply declaration of Roger I. Teich, counsel for Plaintiff Children's Health Defense, in CHD v. Facebook et al., Case No. 3:20-cv-05787-SI. It supports Plaintiff's reply on a request for substituted service of foreign defendant Science Feedback. The declaration states that service through the French central authority would cost $1,000 and could take two to three months, and that Science Feedback's website lists no physical address, email address, or agent for receiving process. It states that on or about August 19, 2020, Plaintiff retained ASAP Legal, Inc. for rush service attempts and paid $1,685.63, with another $250 to $350 for postal service. It was executed in Aquinnah, Massachusetts, on October 1, 2020.

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ROGER TEICH REPLY DECLARATION RE:
RULE 4(f)(3) ORDER
CHD v. Facebook et al.; Case No. 3:20-cv-05787-Si
1
ROGER I. TEICH
California State Bar No. 147076
290 Nevada Street
San Francisco, CA 94110
Telephone:  (415) 948-0045
E-Mail Address:  rteich@juno.com

ROBERT F. KENNEDY, JR.
MARY HOLLAND
Children’s Health Defense
1227 North Peachtree Parkway, Suite 202
Peachtree City, GA 30269
Telephone:  (917) 743-3868
E-Mail Address:  mary.holland@childrenshealthdefense.org
(Subject to pro hac vice admission)

Attorneys for Plaintiff
CHILDREN’S HEALTH DEFENSE

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

CHILDREN’S HEALTH DEFENSE,

Plaintiff,

v.

FACEBOOK, INC., et al., ,

Defendants.

Case No. 20-cv-05787-SI

REPLY DECLARATION OF ROGER
TEICH IN SUPPORT OF REQUEST
FOR RULE 4(F)(3) ORDER

DECLARATION OF ROGER I. TEICH
I, Roger I. Teich, declare as follows:
1.
I am a member of the State Bar of California and the Bar of the United States
District Court for the Northern District of California.  This declaration is made in support of
Plaintiff’s reply re: request for substituted service of foreign defendant Science Feedback. If
Case 3:20-cv-05787-SI   Document 45-2   Filed 10/01/20   Page 1 of 3

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ROGER TEICH REPLY DECLARATION RE:
RULE 4(f)(3) ORDER
CHD v. Facebook et al.; Case No. 3:20-cv-05787-Si
2
called as a witness, I could and would testify competently to the facts herein, except as to those
matters stated on information and belief.
2.
I am informed by Maurice Archelle, Paralegal, Foreign Domestication Division,
ASAP Legal, LLC, and thereupon believe that service through the French central authority
would cost $1,000, and could take two to three months, and under current COVID-19
conditions, I infer that it could take even more time, which would seriously delay proceedings
in this case.
3.
So far as I can determine, Science Feedback’s website –
https://sciencefeedback.co/ – does not list any physical address, email address, or agent for
receiving process. Plaintiff has already submitted two summonses to the Court with alternative
addresses, (Dkts. ## 7, 13), neither of which proved availing.
4.
On or about August 19, 2020, Plaintiff retained ASAP Legal, Inc. to effect “rush
service attempts” of Science Feedback through its Paris affiliate, Nationwide Legal Services,
pursuant to the Hague Service Convention, paid ASAP Legal, Inc. $1,685.63 for international
service, translation and reconfiguration fees, and agreed to pay another $250 to $350 for postal
service, which was intiated by ASAP Legal Services via DHL express shipment on or about
September 28, 2020. (See also Exh. “A”.)  I am informed by Mr. Archelle, and thereupon
believe that postal service through an international express mail company such as DH requires
the signed return receipt of the recipient under French law, and therefore is unlikely to be
effective with Mr. Vincent. I am further informed by an affiliate of Children’s Health Defense
that Plaintiff also spent $430, and multiple hours of largely-volunteered time to translate the
case-related documents from English into French.
5.
During our contentious phone call on September 9, 2020, in which Facebook
counsel (Ari Holtzblatt) insisted that I had “breached an agreement” purportedly made in a
phone conversation the previous week to which he had not been a party, Mr. Hertzblatt also
stated that discovery in the case was “premature” in part because the foreign defendant had not
yet been served.
Case 3:20-cv-05787-SI   Document 45-2   Filed 10/01/20   Page 2 of 3

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ROGER TEICH REPLY DECLARATION RE:
RULE 4(f)(3) ORDER
CHD v. Facebook et al.; Case No. 3:20-cv-05787-Si
3
I declare under penalty of perjury under the laws of the United States that the foregoing
is true and correct to the best of my knowledge and that this declaration was executed in
Aquinnah, Massachusetts, on October 1, 2020.

ROGER I. TEICH

Counsel for Plaintiff
Children’s Health Defense

Case 3:20-cv-05787-SI   Document 45-2   Filed 10/01/20   Page 3 of 3

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