Case 1:21-cv-01783-RLY-MPB Document 1 Filed 06/16/21 Page 1 of 6 PageID #: 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

QUALITY IMPORTERS TRADING

COMPANY, LLC, Case No. 1:21-cv-1783

Plaintiff,
JURY TRIAL AND
vs. INJUNCTIVE RELIEF
DEMANDED
MICHAEL SLATE and
IAN BENNETT,

Defendants.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND

INVALIDITY OF U.S. DESIGN PATENT NUMBER D910,912

Plaintiff, Quality Importers Trading Company, LLC hereby complains and alleges as

follows against Defendants Michael Slate and Ian Bennett.

NATURE OF THE ACTION

1. This action is proper under 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202.

2. Plaintiff brings this civil action seeking a declaratory judgment of non-infringement

and invalidity of U.S. Design Patent No. D910,912 (the “D912 Patent”), The ‘D912 Patent is

attached as Exhibit A.

3. Defendants have wrongfully asserted the ‘D912 Patent against Plaintiff’s humidor

product listed on Amazon.com. Defendants filed a takedown demand with Amazon alleging

that Plaintiff’s humidor product infringes the ‘D912 Patent. In response to Defendants’
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demand, Amazon did in fact disable Plaintiff’s listing of its humidor product based upon the

demanded filed by Defendants. The de-listing of Plaintiff’s humidor product on Amazon by

Defendants damages Plaintiff. A representative example of Plaintiff’s humidor product

accused of patent infringement by Defendants is attached as Exhibit B.

4. Plaintiff seeks damages and injunctive relief proximately resulting from the

Defendants’ allegation of infringement of the 'D912 Patent by Plaintiff’s humidor product.

PARTIES

5. Plaintiff Quality Importers Trading Company, LLC (“Quality”), is a Delaware

limited liability corporation with a principal business address located at 3350 Enterprise

Avenue, Suite 120, Weston, Florida 33331. Quality does business on Amazon by way of

listing its humidor and smoker’s accessory products on the Amazon website.

6. Defendants have accused Plaintiff of selling a humidor product that infringes the

'D912 Patent. Defendants filed a demand with Amazon to remove Plaintiff’s humidor

product from its Amazon listing. The demand by Defendants to Amazon has resulted in the

suspension of Plaintiff’s humidor product listing on Amazon.com and damages Plaintiff.

7. Defendant Michael Slate is an individual and Indiana resident with a residential

address at 10428 Starboard Way, Indianapolis, Indiana 46256. According to the records of

the United States Patent Office, Slate is a co-owner of the 'D912 Patent.

8. Defendant Ian Bennett is an individual and Indiana resident with a residential

address at 6211 Riverview Dr., Indianapolis, Indiana 46260. According to the records of the

United States Patent Office, Bennett is a co- owner of the 'D912 Patent.

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SUBJECT MATTER JURISDICTION

9. This is an action for declaratory judgment of patent invalidity arising under the

patent laws of the United States, 35 U.S.C. §§ l et seq.

10. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) because

this is a civil action arising under the Patent Act, Title 35 United States Code.

11. This Court has subject matter jurisdiction over Plaintiff’s declaratory judgment

claim pursuant to 28 U.S.C. §§ 2201 and 2202 because there is an actual controversy

between Plaintiff and Defendants. The actual controversy is whether Plaintiff’s humidor

product infringes the 'D912 Patent based upon the Defendants’ claim of patent

infringement to Amazon, and whether Plaintiff is entitled to sell its accused humidor.

12. Plaintiff alleges that the “D912 Patent is invalid under 35 U.S.C. §§ 102 and 103,

and thus unenforceable against Plaintiff, and/or is not infringed, creating this actual

controversy.

PERSONAL JURISDICTION AND VENUE

13. This Court has personal jurisdiction because Defendants reside in the southern

district of Indiana and have continuous and systematic contacts within the state of Indiana.

14. Defendants are subject to personal jurisdiction in this judicial district under 28

U.S.C. § 1391(b)(1),(2) because Defendants reside in this judicial district, and because a

substantial part of the events giving rise to this claim occurred in this judicial district.

15. Venue is proper in this judicial district under 28 U.S.C. § 1400(b) because the

Defendants reside in this judicial district.

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FIRST CAUSE OF ACTION

DECLARATORY JUDGMENT FOR INVALIDITY OF THE ‘D912 PATENT

16. Plaintiff incorporates and realleges each and every allegation in the preceding

paragraphs, as if fully set forth herein.

17. The ‘D912 Patent is invalid for failure to satisfy one or more provisions of Title 35 of

the United States Code, including but not limited to 35 U.S. C. §§ 102 and 103. The design

claimed in the ‘D912 Patent lacks novelty.

18. For example, and not by way of limitation, the 'D912 Patent is invalid under 35

U.S.C. §§ 102, 103 in view of the prior art, including but not limited to the humidor

products shown in the attached prior art reference. Exhibit C.

19. Defendants’ take down of Plaintiff’s humidor product from Plaintiff’s Amazon listing

damages Plaintiff.

20. Plaintiff is entitled to a declaratory judgement that the ‘D912 Patent is invalid, and

Plaintiff is lawfully entitled to sell its accused humidor product.

SECOND CAUSE OF ACTION

DECLARATORY JUDGMENT FOR NON-INFRINGEMENT
OF THE ‘D912 PATENT

21. Plaintiff incorporates and realleges each and every allegation in the preceding

paragraphs, as if fully set forth herein.

22. In the alternative, if the 'D912 Patent is not invalid in view of the prior art, then

Plaintiff’s accused humidor does not infringe the '912 Patent.

23. In the eye of an ordinary observer, giving such attention as a purchaser ordinarily

would, Plaintiff’s accused humidor product does not infringe the ‘D912 patent.

4
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24. The allegation by Defendants that Plaintiff’s accused humidor product infringes the

'D912 Patent damages Plaintiff.

25. Plaintiff is entitled to a declaratory judgment that its accused humidor product does

not infringe the 'D912 Patent.

PRAYER FOR RELIEF

Wherefore, Plaintiff respectfully requests the Court to enter judgment in Plaintiff’s

favor by awarding the following relief:

A. A judgment declaring the 'D912 Patent invalid and unenforceable;

B. A judgment declaring that Plaintiff’s accused humidor product does not

infringe the ‘D912 Patent;

C. An order and judgment permanently enjoining Defendants and their officers,

directors, and any and all persons acting in privity or in concert with them, from

alleging that Plaintiff infringes the ‘D912 Patent;

D. A judgment that this is an exceptional case under 35 U.S.C. § 285, together

with an award of Plaintiff’s reasonable attorneys' fees.

E. An award of costs expended in this case;

F. A judgment awarding Plaintiff’s all damages sustained; and

G. Any other relief the Court deems appropriate under the circumstances.

DEMAND FOR TRIAL BY JURY

Plaintiff demands a jury trial on all matters triable to a jury.

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Dated this June 16, 2021.

Respectfully submitted,

s/John M. Bradshaw
John M. Bradshaw, Esq.
Bradshaw Law LLC
23 East 39th Street
Indianapolis, IN 46205
317.490.4852
john@jbradshawlaw.com

and

s/Herbert W. Larson
Herbert W. Larson, Esq. (pro hac vice forthcoming)
Larson & Larson, P.A.
11199 69th Street North
Largo, FL 33773
727-546-0660
Fla. Bar No. 969930
bill@larsonpatentlaw.com

Trial Counsel for Plaintiff

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JS44 (Rev. 6/2017 NDGA) CIVIL COVER SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S) DEFENDANT(S)

Quality Importers Trading Company, LLC Michael Slate and Ian Bennett

(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF Other US state DEFENDANT
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)

Bradshaw Law LLC

23 East 39th St
Indianapolis, IN 46205
(317) 490-4852
john@jbradshawlaw.com

II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)

PLF DEF PLF DEF

1 U.S. GOVERNMENT ✔ 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL

PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE

2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL

DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM III)
3 3 CITIZEN OR SUBJECT OF A 6 6 FOREIGN NATION
FOREIGN COUNTRY

IV. ORIGIN (PLACE AN “X “IN ONE BOX ONLY)

TRANSFERRED FROM MULTIDISTRICT APPEAL TO DISTRICT JUDGE
✔ 1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT

MULTIDISTRICT
8 LITIGATION -
DIRECT FILE

V. CAUSE OF ACTIONJURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)

35 U.S.C. §§ 271, et seq. - Patent Infringement

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex 8. Multiple use of experts.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.

CONTINUED ON REVERSE
FOR OFFICE USE ONLY

RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________

JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION______________________

(Referral)
 Case 1:21-cv-01783-RLY-MPB Document 1-4 Filed 06/16/21 Page 2 of 2 PageID #: 19
VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK
150 RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE
REAL PROPERTY - "4" MONTHS DISCOVERY
TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY
TORTS - PERSONAL INJURY - "4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY
CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK SOCIAL SECURITY - "0" MONTHS DISCOVERY
440 OTHER CIVIL RIGHTS TRACK
441 VOTING 861 HIA (1395ff)
442 EMPLOYMENT 862 BLACK LUNG (923)
443 HOUSING/ ACCOMMODATIONS 863 DIWC (405(g))
445 AMERICANS with DISABILITIES - Employment 863 DIWW (405(g))
446 AMERICANS with DISABILITIES - Other 864 SSID TITLE XVI
448 EDUCATION 865 RSI (405(g))
FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
IMMIGRATION - "0" MONTHS DISCOVERY TRACK TRACK
462 NATURALIZATION APPLICATION 870 TAXES (U.S. Plaintiff or Defendant)
465 OTHER IMMIGRATION ACTIONS 871 IRS - THIRD PARTY 26 USC 7609
PRISONER PETITIONS - "0" MONTHS DISCOVERY OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK TRACK
463 HABEAS CORPUS- Alien Detainee 375 FALSE CLAIMS ACT
510 MOTIONS TO VACATE SENTENCE 376 Qui Tam 31 USC 3729(a)
530 HABEAS CORPUS 400 STATE REAPPORTIONMENT
535 HABEAS CORPUS DEATH PENALTY 430 BANKS AND BANKING
540 MANDAMUS & OTHER 450 COMMERCE/ICC RATES/ETC.
550 CIVIL RIGHTS - Filed Pro se 460 DEPORTATION
555 PRISON CONDITION(S) - Filed Pro se 470 RACKETEER INFLUENCED AND CORRUPT
560 CIVIL DETAINEE: CONDITIONS OF ORGANIZATIONS
CONFINEMENT 480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
PRISONER PETITIONS - "4" MONTHS DISCOVERY 890 OTHER STATUTORY ACTIONS
TRACK 891 AGRICULTURAL ACTS
550 CIVIL RIGHTS - Filed by Counsel 893 ENVIRONMENTAL MATTERS
555 PRISON CONDITION(S) - Filed by Counsel 895 FREEDOM OF INFORMATION ACT
899 ADMINISTRATIVE PROCEDURES ACT /
FORFEITURE/PENALTY - "4" MONTHS DISCOVERY REVIEW OR APPEAL OF AGENCY DECISION
TRACK 950 CONSTITUTIONALITY OF STATE STATUTES
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881 OTHER STATUTES - "8" MONTHS DISCOVERY
690 OTHER TRACK
410 ANTITRUST
LABOR - "4" MONTHS DISCOVERY TRACK 850 SECURITIES / COMMODITIES / EXCHANGE
710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS OTHER STATUTES - “0" MONTHS DISCOVERY
740 RAILWAY LABOR ACT TRACK
751 FAMILY and MEDICAL LEAVE ACT 896 ARBITRATION
790 OTHER LABOR LITIGATION (Confirm / Vacate / Order / Modify)
791 EMPL. RET. INC. SECURITY ACT
PROPERTY RIGHTS - "4" MONTHS DISCOVERY

TORTS - PERSONAL PROPERTY - "4" MONTHS

TRACK
820 COPYRIGHTS
* PLEASE NOTE DISCOVERY
DISCOVERY TRACK 840 TRADEMARK TRACK FOR EACH CASE TYPE.
370 OTHER FRAUD SEE LOCAL RULE 26.3
371 TRUTH IN LENDING PROPERTY RIGHTS - "8" MONTHS DISCOVERY
380 OTHER PERSONAL PROPERTY DAMAGE TRACK
385 PROPERTY DAMAGE PRODUCT LIABILITY ✔ 830 PATENT
835 PATENT-ABBREVIATED NEW DRUG
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK APPLICATIONS (ANDA) - a/k/a
422 APPEAL 28 USC 158 Hatch-Waxman cases
423 WITHDRAWAL 28 USC 157

VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND ✔ YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________ DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

SIGNATURE OF ATTORNEY OF RECORD DATE

 Case 1:21-cv-01783-RLY-MPB Document 1-5 Filed 06/16/21 Page 1 of 4 PageID #: 20

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Southern District
__________ District of
of Indiana
__________

Quality Importers Trading Company, LLC )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:21-cv-1783
)
Michael Slate and Ian Bennett )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Michael Slate

10428 Starboard Way
Indianapolis, IN 46256

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: John Bradshaw
Bradshaw Law LLC
23 East 39th Street
Indianapolis, IN 46205

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:21-cv-01783-RLY-MPB Document 1-5 Filed 06/16/21 Page 2 of 4 PageID #: 21

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:21-cv-1783

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset

 Case 1:21-cv-01783-RLY-MPB Document 1-5 Filed 06/16/21 Page 3 of 4 PageID #: 22

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Southern District
__________ District of
of Indiana
__________

Quality Importers Trading Company, LLC )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:21-cv-1783
)
Michael Slate and Ian Bennett )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Ian Bennett

6211 Riverview Dr.
Indianapolis, IN 46260

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: John Bradshaw
Bradshaw Law LLC
23 East 39th Street
Indianapolis, IN 46205

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:21-cv-01783-RLY-MPB Document 1-5 Filed 06/16/21 Page 4 of 4 PageID #: 23

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:21-cv-1783

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset