Declaration Of Nelson Tucker5
- Date
- 2021-03-02
Summary
Declaration of Nelson Tucker, CEO of Process Service Network, filed July 27, 2021 as Document 111-3 in Children's Health Defense v. Facebook, Inc., et al., No. 3:20-cv-05787-SI, in the U.S. District Court for the Northern District of California. The declaration states that the plaintiff retained his firm to serve the summons and Verified Second Amended Complaint on Science Feedback in Paris, France, under the Hague Service Convention. It states that the request was sent to the French Ministry of Justice on March 2, 2021 and received on March 8, 2021, and that service in France is taking 5-7 months because of COVID-19 restrictions. Exhibit A is the Hague Convention request for service abroad with its certificate, warning and summary pages, and Exhibit B is the USPS shipping receipt. The document is 9 pages.
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Full text
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 1 of 9
1 UNITED STATES DISTRICT COURT
2 NORTHERN DISTRICT OF CALIFORNIA
3
Children’s Health Defense, Civil Action No.3:20-cv-05787-SI
4
Plaintiff
5 DECLARATION OF NELSON TUCKER
V.
6
Facebook,Inc., et al..
7
Defendant.
8
9
10
I, NELSON TUCKER,declare:
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1. lam over eighteen years of age, am not a party to the within action, and reside in
12
the states of California and Tennessee. 1 have personal knowledge of the contents of this
13 declaration and, if called to testify as a witness, could and would testify competently
14 thereto.
15 2. I am the CEO ofProcess Service Network, a service ofprocess firm which has been
16 in business since 1978. I am a Registered Process Server and have been engaged in with
17 service of process on defendants over the past 43 years. I am qualified as an expert
18 witness in the subject ofinternational service of process.I am an Associate Member ofthe
19 American Bar Association (“ABA”), and the Los Angeles County Bar Association. I
20 regularly conduct MCLE courses for various bar associations on issues related to service
21 of process. I regularly conduct MCLE courses on the subject of international service of
22 process.
3. In Februaiy 2021, my office was retained by Plaintiffto serve a Sununons in a Civil
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Action, Verified Second Amended Complaint, and related court-issued documents in this
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action upon Science Feedback at their business address in Paris, France, pursuant to the
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Hague Service Convention.
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4. On March 2, 2021, I sent the formal Hague Service Convention Request for
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Service Abroad of Judicial or Extrajudicial Documents to the Ministiy of Justice (Central
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I
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 2 of 9
1 Authority), as required by the treaty. The documents were sent in duplicate in both English
2 and French. I have attached to this Declaration the formal request as Exhibit “A”.
3 5. I have attached to this Declaration the USPS shipping receipt dated March 2, 2021
4 as Exhibit “B”. I have confirmed that the documents were received by the Ministry of
5 Justice on March 8, 2021, at 10:48 a.m.
6 6. Service made in France pursuant to the Hague Service Convention typically take 3-4
7 months. However, due to restrictions related to COVID-19, service is currently taking 5-7
8 months. There is no available procedure to expedite the service. After the service is
completed by French authorities, the French court will forward the proof of service
9
(“Certificate”) to the Ministry of Justice which will, in turn, forward the Certificate to the
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attorney for Plaintiff.
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7. All statements made in this declaration are based upon my personal knowledge and
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experience. Any part which may deemed to be hearsay should not affect the remainder of
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this declaration.
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I declare under penalty of perjury under the laws of the United States of America
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that the foregoing is true and correct. Executed on July 12,2021, in Franklin, Termessee.
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Nelson Tiicker, CEO
19 Process Service Network
800-417-7623
20
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Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 3 of 9
n
Exhibit "A
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 4 of 9
Children’s Health Defense v. Facebook Inc., et al.
Civil Action No. 3:20-cv-057?7-^I .
REQUEST
FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Conventioa oo the Seivicc Abroad ofJudicial end Extnyudictal Docuotenls m CivU or
Commerctal Matters,signed at The Hague,the 15tb ofKovenrber 1965.
Identity and address of the applicant Address ofreceiving anthorlty
Minist^re de ia Justice
Roger Teich, Esq. Direction des Affaires Civiles et du Sceau
Authorized to act as Applicant Bureau du droit de {'Union, du droit international
290 Nevada Street
privO et de I'entralde ch/ile(BDIP)
San Francisco, CA94110 USA 13, Place Venddme
75042 Paris Cedex 01
France
The undersigned applicant has the honour to transmit ● In duplicate - the documents listed below and.In conformity with
Article 5 ofthe above-mentioned Convention, requests prompt service ofone copy thereof on the addressee, Le,
(identity and address):
SCIENCE FEEDBACK
7, rue de Tocqueville
75017 Paris, France
[X]a)in accordance with the provisions ofsub-paragraph(a)of the first paragraph of Article S ofthe Conventioa*.
[ ]b)in accordance with the following particular method(sub-paragraph (b)ofthe first paragraph of Article 5)*:
[ ]c) by delivery to the addressee, if he accepts it voluntarily (second paragraph of Articles)*.
The authority U requested to return or to have returned to the applicant a copy of the docnments - and ofthe annexes* - witfa a certificate
as provided on the reverse side.
Service is requested pursuant to Federal Rules of Civil Procedure,Rule 4,and the Hague Service Convention
List ofdocuments:
Summons in a CivU Action; Civil Case 0)ver Sheet; Verified Second Amended Complaint; Exhibits A and B;
Certification of Interested Entities or Persons; Certificate of Service; ECF Registration Information; Judge Illston’s
Standing Order, Standing Order for All Judges ofthe Northern District ofC^ifomia-Contents of Joint Case
Management Statement; Order Reassigning d^;Notice ofEligibility for Video Recording; Initial Management
Guideline and Clerk's Notice
Done at San Francisco, C^ifomia, USA,on the 1st day of March,2021
Signature
* Delete if inappropriate.
1
USM-94
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 5 of 9
^niiaren s Heaitn uerense v. hacebook inc., et al.
Civil Action No. 3:20-cv.057§7-SI
Certificate
The undersigned authority has the honor to certify, in conformity with article6 of the Conventioa
1) that the document has been served*
the (date)^
at(place,street, number)^
—in one of the following methods audiorized by article 5—
(a]in accordance with the provisions of sub-paragraph (a)
of the first paragraph of article 5 of the Convention*
(b)in accordance wi& the following particular method*:
(c) by delivery to the addressee, who accepted it voluntarily*
The documents referred to in the request have been delivered to:
— (identity and description of person).
— relationship to addressee(fomily, business or other):.
2) that the document has not been served,by reason of tiie following
facts*:^
In conformity witii the second paragraph of article 12 of tiie Convention, the applicant is required to pay or reimburse the
expenses detailed in the attached statement*
Annexes
Documents returned:
Done at ,the
In appropriate cases, documents
establishing the service;
Signature and/or stamp.
*delete if inappropriate.
2 USM-94
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 6 of 9
uiudren’s Health Uetense v. hacebook Inc., et al.
Civil Action No.3:20-cv^57?7-SI
WARNING
Identity and address of the addressee:
SCIENCE FEEDBACK
7, rue de Tocqueville
75017 Paris, France
IMPORTANT
The enclosed document is of a legal nature and may affect your rights and obligations. The‘^Summary of
the Document to Be Served” will give you some information about its nature and purpose. You should
however read the document itself carefully. It may be necessary to seek legal advice.
If your financial resources are insufficient you should seek information on the possibility of obtaining
legal aid or advice either in the country where you live or in the country where the document was issued.
Enquiries about the availability of legal aid or advice in the country where the document was issued may
be directed to:
Clerk of the Court
U.S. District Court
Northern District of California
Phillip Burton Federal Building & United
States Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102 USA
3
USM-94
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 7 of 9
CKildren's Health Defense v. Facebook Inc., et al.
Civil Action No. 3:20-cv-057«7-SI ,
SUMMARY OF THE DOCUMENT TO BE SERVED
CoQveotlon on the Service Abroad ofJodlciai and Extrajudicial Docnmeots in Civil or Commercial
Matters,signed at The Hague,the IStfa of November 1965.
(Artiele 5,fourth paragraph)
Name and address of the requesting authority:
Roger Teich, Esq.
Authorized to act as Requesting Authority
290 Nevada Street
San Francisco. CA 94110 USA
Particulars of the parties*:
SCIENCE FEEDBACK (Defendant)
1, rue de Tocqueville
75017 Paris, France
JUDICIAL DOCUMENT**
Nature and purpose of the document:
To give notice to the Defendant of the commencement of a civil claim for injunctive and declaratory relief^ compensatoiy and punitive damages,and
to sununons it to serve written defenses to the claim.
Nature and purpose of the proceedings and,where appropriate, the amount In dispute:
Civil claim for determination ofissues as stated in the documents to be determined by the Courtoforiginal jurisdiction.
Date and place for entering appearance**:
Not applicable(N/A)
Court which has given Judgment**:
Not applicable(N/A)
Date ofJudgDient**:
Not applicable(N/A)
TIme-ilmits stated In the document**:
Defendant is to serve written defenses(Answer)to the action upon PlaintifTor attorn^ for Plaintiff within 21 calendar days after
service ofthe Summons(not counting tiie day you received it).
EXTRAJUDICIAL DOCUMENT**
Nature and purpose ofthe document: Not applicable(N/A)
Tlihe>limlts stated in the document**: Not applicable(N/A)
* ifappropriate, identity and address ofthe person interested in the transmission ofthe document
** Delete if inappropriate.
4
USM-94
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 8 of 9
Exhibit "B //
Case 3:20-cv-05787-SI Document 111-3 Filed 07/27/21 Page 9 of 9
$99.S0 US POSTAGE StQ
18004177623 CP72 - CUSTOMS DECLARATION PMI LO FLAT.RATE BOX en^cla
F M!D;96S000940 Orttfn Post Dale o> Ma.'(ng; 082S0008017136 FROMOlSn
R NELSON TUCKER US Postal Service 03/02/2021
P ComBasPrico
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M 21218 Morridy Stroot ImportM's cor.tacl
Chalsworth CA91311 'i\ V
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DoUllod description of contonts: Qty IV3t> Countfn insuad Value; $100.00
1 16 9.0 Too US
Legal Documents SOR Vate; S^.76
Insumd Fee. SO 00
Postal chatgos/Fees:
$99.90
TOTAL 16 9.0 1.00 I certify the partlculora given In this customs doclarotion
Category o1 Item; Oocumenta
oro collect. This foim does not contain any undeclared
Exporter's reference: Exporter's contact Total Dimensions; dangerous articles, or articles piohibiled by Legislation or
L: W; H by postal or customs regulations. I have met all applicable
export filing logtriferrents under federal law and regulations
AES/TTN/Exomptions: Involca/Ucense/Certificate No{s) SenCsr^s^cnslure tnd Dale 7
NOEEI30J7(s) II 03X72/2021
SELSON^CKER V
A Il5^
Return uTsondor InaS^dwonsTn casi^nondolivory
Trtsi SI Abtnden«4
ies2)»
1800-417-7623
Minist^re de la Justice
T Direct./Affaires CIviles et du Sceau
D^partement de I’entralde,(DEDIPE)
0 13, Place Venddme
Paris Cedex 01 75042
FRANCE ●
mam Do not 33SSrR »
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