Case 2:14-cv-00987-GMN-GWF Document 42-1 Filed 07/22/14 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Randall D. Haimovici (Pro Hac Vice Approved) [email protected] Rachael M. Smith (Pro Hac Vice Approved) [email protected] SHOOK, HARDY & BACON L.L.P. One Montgomery, Suite 2700 San Francisco, California 94104-4505 Telephone: 415.544.1900 Facsimile: 415.391.0281 Tony M. Diab (Nevada State Bar No. 12954) [email protected] SHOOK, HARDY & BACON L.L.P. 5 Park Plaza, Suite 1600 Irvine, California 92614-2546 Telephone: 949.475.1500 Facsimile: 949.475.0016 Robert J.B. Flummerfelt (Nevada State Bar No. 11122) [email protected] Rami Hernandez (Nevada State Bar No. 13146) [email protected] CANON LAW SERVICES, LLC 7251 W. Lake Mead Blvd., Suite 300 Las Vegas, Nevada 89128 Telephone: 702.562.4144 Facsimile: 702.866.9868 Attorneys for Plaintiff MICROSOFT CORPORATION 16 17 UNITED STATES DISTRICT COURT 18 DISTRICT OF NEVADA 19 20 21 22 23 24 25 26 27 MICROSOFT CORPORATION, ) ) Plaintiff, ) ) vs. ) ) NASER AL MUTAIRI, an individual; MOHAMED BENABDELLAH, an individual; ) ) VITALWERKS INTERNET SOLUTIONS, ) LLC, d/b/a NO-IP.com; and DOES 1-500, ) ) Defendants. ) ) Case No. 2:14-cv-00987-GMN-GWF DECLARATION OF RACHAEL M. SMITH IN SUPPORT OF MICROSOFT’S MOTION FOR ENTRY OF DEFAULT BY CLERK 28 SMITH DECLARATION ISO MOTION FOR ENTRY OF DEFAULT BY CLERK Case 2:14-cv-00987-GMN-GWF Document 42-1 Filed 07/22/14 Page 2 of 3 1 I, Rachael M. Smith, declare as follows: 2 1. I am an attorney with the law firm of Shook, Hardy & Bacon L.L.P. (“SHB”), located 3 at One Montgomery, Suite 2700, San Francisco, California 94104, counsel of record for Plaintiff 4 Microsoft Corporation in this case. This declaration is made in support of Microsoft’s Motion for an 5 Entry of Default by Clerk. This declaration is based on my own personal knowledge and, if called as 6 a witness, I could and would competently testify to the truth of the matters set forth below. 7 2. The Complaint in this action was filed under seal on June 19, 2014 along with an Ex 8 Parte Request for a Temporary Restraining Order against Defendants Mutairi and Benabdellah 9 (“Defendants”).1 10 3. On June 30, 2014, this Court issued a Second Amended Temporary Restraining Order 11 (“TRO”) authorizing Microsoft to serve Defendants by e-mail, Facebook, and by publishing notice 12 on a publicly available Internet website. (See ECF Dkt. No. 12.) The Court ordered that this service 13 be effected no later than July 1, 2014. 14 4. Pursuant to the TRO, I served Defendants by e-mail and by Facebook message on 15 June 30, 2014, and I published the summons and Complaint on a publicly-available website, 16 www.noticeoflawsuit.com, after the case was unsealed. I submitted the details of this service on 17 Defendants to the Court in a declaration, filed on July 9, 2014 in support of Microsoft’s request for a 18 preliminary injunction against Defendants. (See ECF Dkt. No. 36.) 19 5. The Court granted Microsoft’s request for a preliminary injunction against 20 Defendants on July 10, 2014. (ECF Dkt. No. 38.) In this Order, the Court found that Microsoft had 21 served Defendants on June 30, 2014 and that “Defendants have been given notice of the lawsuit.” 22 (Id. at p. 2.) 23 6. Defendants’ deadline to respond or answer the Complaint was July 21, 2014. 24 7. Defendants have not answered the Complaint or filed any other responsive motion 25 with the Court. 26 27 1 28 The application also sought ex parte relief against Vitalwerks Internet Solutions, LLC, but this party has since been dismissed from this action. 1 SMITH DECLARATION ISO MOTION FOR ENTRY OF DEFAULT BY CLERK Case 2:14-cv-00987-GMN-GWF Document 42-1 Filed 07/22/14 Page 3 of 3 1 8. As counsel for Microsoft, I request that the Default of Defendants Mutairi and 2 Benabhellah be entered by the Clerk. To my knowledge, these defaulting Defendants are neither 3 minors nor incompetent persons. 4 5 6 I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed on 22nd day of July, 2014. 7 8 ______________________________ 9 Rachael M. Smith 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SMITH DECLARATION ISO MOTION FOR ENTRY OF DEFAULT BY CLERK