Declaration Of Joyce Flo

Summary

A declaration of Joyce Flo, a legal assistant for First Liberty Institute, filed January 17, 2022 as Document 76-1 in U.S. Navy SEALs 1-26, et al. v. Joseph R. Biden, Jr., et al., Case No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas, Fort Worth Division. Made under 28 U.S.C. § 1746, it describes efforts to serve Defendant Carlos Del Toro. It states the summons and complaint were delivered by certified mail on November 16, 2021, and that Capitol Process Services, Inc. completed personal service on December 1, 2021. It adds that Plaintiffs filed the affidavit of service on December 8, 2021 (ECF No. 40). The 13-page filing attaches Exhibits 1 to 4: a USPS tracking page and three emails from the process-serving firm.

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Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22                   Page 1 of 13 PageID 2631



                                 UNITED STATES DISTRICT COURT
                                  NORTHERN DISTRICT OF TEXAS
                                     FORT WORTH DIVISION

 U.S. NAVY SEALs 1-26, et al.,

                         Plaintiffs,
                                                             Case No. 4:21-cv-01236-O
         v.

 JOSEPH R. BIDEN, JR., et al.,

                         Defendants.


                                  DECLARATION OF JOYCE FLO

        Pursuant to 28 U.S.C. § 1746, I, Joyce Flo, under penalty of perjury declare as follows:

        1.      I am over the age of eighteen and am competent to make this declaration.

        2.      I am a legal assistant for First Liberty Institute, one of the law firms representing

the Plaintiffs in this matter.

        3.      The information contained in this declaration is based on my personal knowledge.

        4.      I helped prepare the summons, complaint, and civil cover sheet for service of

process on Defendant Carlos Del Toro.

        5.      After Plaintiffs filed their complaint in this matter, we mailed a copy of the

summonses, complaint, and civil cover sheet—via certified mail—to Defendant Del Toro at his

business address. The United States Postal Service website indicates the certified mail was

delivered to Defendant Del Toro on November 16, 2021 at 7:04 a.m. Attached as Exhibit 1 to this

declaration is a true and correct copy of the United States Postal Service tracking webpage

indicating the documents were delivered to Defendant Del Toro on November 16, 2021.

        6.      Out of an abundance of caution, we also hired Capitol Process Services, Inc. in

Washington, DC to serve Defendants Lloyd Austin and Del Toro personally.
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22                    Page 2 of 13 PageID 2632



         7.     On November 16, 2021, Louis Gerrick of Capitol Process Services emailed me that

they had reached out to the Department of the Navy to serve Defendant Del Toro. Mr. Gerrick

wrote:

         We’ve been trying to reach our point of contact at the Department of the Navy in
         order to get this served. She is the only authorized recipient on site due to COVID-
         19, but she is only in the office about 10-14 hours per week maximum so it’s
         difficult to reach her. When we call from in front of the building, she actually comes
         outside and accepts service at the entrance gate. We cannot walk onto the property,
         so without her being at the office we’re unable to serve. We have someone heading
         back today to try again.

Attached as Exhibit 2 to this declaration is a true and correct copy of an email I received from Mr.

Gerrick on November 16, 2021.

         8.     On December 1, 2021, Vance Warren from Capitol Process Services emailed me

that they had completed personal service on Defendant Del Toro and that Ms. Witcher received

both summonses for Defendant Del Toro. Attached as Exhibit 3 to this declaration is a true and

correct copy of an email I received from Mr. Warren on December 1, 2021.

         9.     On December 8, 2021, Angie Croson of Capitol Process Services emailed me the

affidavit of service for Defendant Del Toro. Attached as Exhibit 4 to this declaration is a true and

correct copy of an email I received from Ms. Croson on December 8, 2021.

         10.    Plaintiffs filed the affidavit of service for Defendant Del Toro on December 8,

2021. See ECF No. 40.
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22   Page 3 of 13 PageID 2633
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22   Page 4 of 13 PageID 2634




                             Exhibit 1
            Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22          Page 5 of 13 PageID 2635
USPS Tracking
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Tracking Number: 70180680000185442846

Your item was delivered at 7:04 am on November 16, 2021 in WASHINGTON, DC 20310.

USPS Tracking Plus™ Available 


 Delivered

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November 16, 2021 at 7:04 am
WASHINGTON, DC 20310


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  Tracking History


  November 16, 2021, 7:04 am
  Delivered
  WASHINGTON, DC 20310
  Your item was delivered at 7:04 am on November 16, 2021 in WASHINGTON, DC 20310.



  November 16, 2021, 6:56 am
  Available for Pickup
  WASHINGTON, DC 20310



  November 16, 2021, 6:47 am
  Arrived at Post Office
  WASHINGTON, DC 20018
November 15, 2021
            Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22
In Transit to Next Facility
                                                                     Page 6 of 13 PageID 2636



November 11, 2021, 12:23 am
Departed USPS Regional Origin Facility
COPPELL TX DISTRIBUTION CENTER



November 10, 2021, 9:14 pm
Arrived at USPS Regional Origin Facility
COPPELL TX DISTRIBUTION CENTER



November 10, 2021, 7:32 pm
Departed Post Office
PLANO, TX 75074



November 10, 2021, 1:16 pm
USPS in possession of item
PLANO, TX 75074


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Postal         Features:         See tracking for related item: 9590940251729122927218
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Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22   Page 7 of 13 PageID 2637




                             Exhibit 2
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22                      Page 8 of 13 PageID 2638



From: Louis Gerrick <lgerrick@capitolprocess.com>
Date: Tuesday, November 16, 2021 at 1:37 PM
To: Joyce Flo <jflo@firstliberty.org>
Cc: 'Abel Emiru' <aemiru@capitolprocess.com>, 'Louis Gerrick' <lgerrick@capitolprocess.com>
Subject: RE: US Navy Seals vs. Joseph Biden

Hi Joyce,
We’ve been trying to reach our point of contact at the Department of the Navy in order to get this
served. She is the only authorized recipient on site due to COVID-19, but she is only in the office about
10-14 hours per week maximum so it’s difficult to reach her. When we call from in front of the building,
she actually comes outside and accepts service at the entrance gate. We cannot walk onto the property,
so without her being at the office we’re unable to serve. We have someone heading back today to try
again.

Thank you,
Louis

Louis Gerrick
Capitol Process Services, Inc.
1827 18th Street, NW
Washington, DC 20009
O: (202) 667-0050
info@capitolprocess.com

Voted Best Process Server in the DC/Metropolitan Area 8 Years in a Row

From: Joyce Flo <jflo@firstliberty.org>
Date: November 16, 2021 at 1:42:30 PM EST
To: Abel Emiru <aemiru@capitolprocess.com>
Subject: Re: US Navy Seals vs. Joseph Biden


Were you able to server Carlos Del Toro?

Joyce Flo
Sr. Legal Assistant
Jflo@firstliberty.org

First Liberty Institute
Restoring Religious Liberty for All Americans
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22                        Page 9 of 13 PageID 2639



o. 972-941-4444
f. 972-423-6162

2001 W Plano Pkwy
Suite 1600
Plano, TX 75075
FirstLiberty.org
CONFIDENTIALITY NOTICE:
This electronic mail message and any accompanying documents contain information belonging to the
sender which is confidential and legally privileged. This information is intended only for the use of the
individual or entity to whom it was sent as indicated above. If you are not the intended recipient, any
disclosure, copying, distribution, or action taken in reliance on the contents of the information
contained in this electronic mail message is strictly prohibited. If you have received this message in
error, please delete it immediately, and call (972-941-4444) to advise me that you received it. Thank
you. PRIVILEGED AND CONFIDENTIAL - ATTORNEY CLIENT COMMUNICATION/ATTORNEY WORK
PRODUCT



From: Abel Emiru <aemiru@capitolprocess.com>
Date: Tuesday, November 16, 2021 at 12:26 PM
To: Joyce Flo <jflo@firstliberty.org>
Cc: info <info@capitolprocess.com>
Subject: US Navy Seals vs. Joseph Biden

Joyce,

I am still working to get a hold of someone at DOD litigation to serve Lloyd J. Austin. They are only
coming into the office a few times out of the week. I will let you know when it is served.

Thank You

Abel Emiru
Capitol Process Services, Inc.
1827 18th street, NW
Washington, DC 20009
Phone: 202-667-0050
aemiru@capitolprocess.com
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22   Page 10 of 13 PageID 2640




                              Exhibit 3
   Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22                        Page 11 of 13 PageID 2641

Subject: Us Navy Seals 1-26 v Pres Biden
Date: Wednesday, December 1, 2021 at 9:46:36 AM Central Standard Time
From: Vance Warren
To:      Info, jflo@firstliberty.org

Carlos Del Toro, Secretary of Navy was served today by serving Renata Witcher-Legal Technician, Navy JAG at
10:40am.

Ms. Witcher received both Summonses for Secretary Del Toro.
--
Vance M Warren Sr
Capitol Process Services
202-667-0050




                                                                                                              Page 1 of 1
Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22   Page 12 of 13 PageID 2642




                              Exhibit 4
   Case 4:21-cv-01236-O Document 76-1 Filed 01/17/22                          Page 13 of 13 PageID 2643

Subject:    Affidavit for E-Filing and Invoice for Job# 1596052 / File #N/A / Carlos Del Toro
Date:       Wednesday, December 8, 2021 at 2:25:17 PM Central Standard Time
From:       Angie Croson
To:         jflo@firstliberty.org
ADachments: 1596052_invoice_63774573886353.pdf, Affidavit.pdf

Hello,
Please find aXached the affidavit for e-filing and invoice for this service. Please file the affidavit electronically with
the court. Please note that hard copies of this affidavit and invoice will not follow via USPS. Thank you,


Angie Croson
Capitol Process Services, Inc.
1827 18th Street, NW
Washington, DC 20009
Office: (202) 667-0050
acroson@capitolprocess.com




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