Affidavit of Jonathan W. Thomas in Support of Request for Clerk's Certificate of Default (S.D.N.Y., Dkt. 38)

Summary

Document 38, filed November 29, 2022 in 3M Company v. Performance Supply, LLC, Case No. 1:20-cv-02949 (JLR), in the United States District Court for the Southern District of New York: an affidavit of Jonathan W. Thomas, Esq. The affidavit is made in support of plaintiff 3M Company's request for a Clerk's Certificate of Default against Defendant Performance Supply, LLC, and states that the affiant is counsel of record for 3M. It says 3M served the Summons and Complaint on April 14, 2020, by personally serving Mr. Ronald Romano, Defendant's principal. It states that Defendant has neither appeared in the Action nor responded to the Complaint, and is not an infant, in the military, or an incompetent person. The affidavit is stated to be executed on the 29th day of November, 2022.

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Case 1:20-cv-02949-JLR-JW Document 38 Filed 11/29/22 Pagel1of2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

3M Company,
Plaintiff, Case No. 1:20-cv-02949 (JLR)

vs.

Performance Supply, LLC,

Defendant.

AFFIDAVIT OF
JONATHAN W. THOMAS, ESQ. IN SUPPORT OF PLAINTIFF
3M COMPANY’S REQUEST FOR CLERK’S CERTIFICATE OF DEFAULT

I, Jonathan W. Thomas, Esq., pursuant to 28 U.S.C. § 1746 and upon penalty of perjury,
declare as follows:

1. Iam aresident of the State of New York; over the age of 18; and competent to make
this Affidavit. I could and would testify as to the matters set forth herein, if called upon to do so.

2. I am a Partner in the New York office of the law firm of MAYER BROWN LLP.

3. I am counsel of record for Plaintiff 3M Company (“3M”) in the above-captioned
civil action (the “Action’”).

4. I make this Affidavit pursuant to Rule 55.1(b) of the Local Rules of the United
States District Courts for the Southern and Eastern Districts of New York, and in support of 3M’s
request for a Clerk’s Certificate of Default against Defendant Performance Supply, LLC

5. 3M commenced this Action on April 10, 2020. See Dkt. 1.
6. 3M duly served Defendant with a copy of the Summons and Complaint by
personally serving both documents on Mr. Ronald Romano, Defendant’s principal, on April 14,
2020. See Dkt. 18.

7. Defendant’s deadline to respond to the Complaint was May 5, 2020. See Dkt. 18.

8. To date, Defendant has neither appeared in this Action nor responded to the
Complaint.
9. Defendant is not an infant, in the military, or an incompetent person; rather,

Defendant is a limited liability company.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and that this Affidavit was executed this 29th day of November, 2022.

Z
Jéfathan W. Thomas


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