Case 0:12-cv-61677-MGC Document 1 Entered on FLSD Docket 08/27/2012 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 12-CV-61677 NICOLE MORELAND, individually and on behalf of all others similarly situated, Plaintiff, v. ACQUINITY INTERACTIVE, LLC, a Delaware limited liability company, and MODERNAD MEDIA LLC, a Florida limited liability company, Defendants. CLASS ACTION COMPLAINT AND JURY DEMAND Plaintiff Nicole Moreland brings this class action complaint against Defendants Acquinity Interactive LLC and ModernAd Media LLC (collectively Defendants), to stop Defendants practice of making unsolicited text message calls to cellular telephones of consumers nationwide, and to obtain redress for all persons injured by their conduct. Plaintiff, for her class action complaint, alleges as follows upon personal knowledge as to herself and her own acts and experiences, and, as to all other matters, upon information and belief, including investigation conducted by her attorneys. NATURE OF THE ACTION 1. Defendants act cooperatively to make unsolicited spam text message calls for the

purpose of co-registration lead generation. To that end, Defendants make, or have made on their behalf, text message calls informing the recipient that they were chosen to receive a $1000 Wal-Mart gift card or a a free Starbucks drink as part of Starbucks customer appreciation. These inducements are, of course, false, and only meant to push consumers to Defendants

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information collection website. 2. Defendants repeatedly made (or directed to be made on their behalf) unsolicited

text message calls to Plaintiffs and putative Class members cellular telephones in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (TCPA). 3. Neither Plaintiff Moreland, nor the other members of the proposed Class, ever

provided their cellular telephone numbers to Defendants for any purpose, let alone consented to have Defendants make text message calls to their phones. 4. By making the text message calls at issue in this Complaint, Defendants caused

Plaintiff and the members of the Class actual harm, including the aggravation and nuisance that necessarily accompanies the receipt of unsolicited text message calls, and the monies paid to their wireless carriers for the receipt of such text message calls. 5. In response to Defendants unlawful conduct, Plaintiff filed the instant lawsuit

and seeks an injunction requiring Defendants to cease all unsolicited text message calling activities and an award of statutory damages to the members of the Class under the TCPA, together with costs and reasonable attorneys fees. PARTIES 6. Jersey. 7. Defendant Acquinity Interactive LLC is a limited liability company organized and Plaintiff Nicole Moreland is a natural person and citizen of the State of New

existing under the laws of the State of Delaware with its principal place of business located at 2200 SW 10th St, Deerfield Beach Florida 33442. Defendant ModernAd Media is the direct predecessor of Defendant Acquinity Interactive. Defendant Acquinity Interactive was created in 2011 through an asset sale from ModernAd Media to a consortium of ModernAd Media

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executives. Both Acquinity and ModernAd continue to function jointly, sharing office space, executives, employees, resources, records, databases, and intermingling funds. Acquinity Interactive does business throughout the United States, the State of Florida and in this District. 8. ModernAd Media LLC is a limited liability company organized and existing

under the laws of the State of Florida with its principal place of business located at 101 N Federal Highway, Boca Raton Florida 33432. Defendant ModernAd Media is the direct predecessor of Defendant Acquinity Interactive. Defendant Acquinity Interactive was created in 2011 through an asset sale from ModernAd Media to a consortium of ModernAd Media executives. Both Acquinity and ModernAd continue to function jointly, sharing office space, executives, employees, resources, records, databases, and intermingling funds. ModernAd Media does business throughout the United States, the State of Florida and in this District. JURISDICTION AND VENUE 9. This Court has federal question subject matter jurisdiction under 28 U.S.C.

1331, as the action arises under the Telephone Consumer Protection Act, 47 U.S.C. 227 et seq., which is a federal statute. 10. The Court has personal jurisdiction over Defendants and venue is proper in this

District because Defendants transact significant amounts of business within this District and the conduct and events giving rise to Plaintiffs claims arose in substantial part in this District. Venue is additionally proper because both Defendants are headquartered here. COMMON FACTUAL ALLEGATIONS 11. In recent years, marketers who have often felt stymied by federal laws limiting

solicitation by telephone, fax machine, and e-mail have increasingly looked to alternative technologies through which to transmit bulk solicitations cheaply.

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12.

One of the most prevalent alternatives is bulk advertising through so-called Short

Message Services. Short Message Services or SMS is a messaging system that allows for the transmission and receipt of short text message calls (usually no more than 160 characters) to and from cellular telephones. 13. SMS message calls are directed to a wireless device using the telephone number

assigned to the device. When an SMS message call is successfully made, the recipients cell phone rings, alerting him or her that a call is being received. As cellular telephones are inherently mobile and are frequently carried on their owners person, SMS messages may be received by the called party virtually anywhere in the world. 14. According to a recent study conducted by the Pew Research Center, Spam isnt

just for email anymore; it comes in the form of unwanted text messages of all kindsfrom coupons to phishing schemesmade directly to users cell phones. In fact, 57% of adults with cell phones have received unwanted or spam text messages on their phone. Amanda Lenhart, Cell Phones and American Adults: They Make Just as Many Calls, but Text Less than Teens, Pew Research Center (2010), http://www.pewinternet.org/Reports/2010/Cell-Phones-andAmerican-Adults.aspx (last visited June 17, 2012). 15. Unlike more conventional advertisements, SMS message advertisements can

actually cost their recipients money because cell phone users must pay their wireless service providers either for each text message call they receive or incur a usage allocation deduction to their text messaging plan, regardless of whether the message is authorized. 16. Defendants made (and/or had made on their behalf), and presently continue to

make, text message calls to Plaintiffs and the Class members cell phones without consent.1

ModernAd Media is no stranger to accusations of illegal spamming activities. Prior to its 4

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While Defendants attempt to shield their identity and role in sending spam text messages, Defendant Acqunitys website states that it utilizes SMS marketing: At AI, online marketing is all about conversion, every step of the way. Our broad knowledge base lets us take a multi-channel marketing approach across a range of industries to give you the right media mix for your product or service.AI's Multi-Channel Mix: Ecommerce, Email Marketing, Telemarketing, Display Advertising, Affiliate Marketing, SMS (text messaging), Mobile Web, Social Media2 (emphasis added) 17. Defendants obtained Plaintiffs and the Class members cell phone numbers by

purchasing lists of phone numbers from a third party and/or simply dialing numbers at random. 18. On June 19, 2012, Defendants made, or had made on their behalf, the following

text message call to Plaintiffs cell phone: Dear customer, your $1,000 Wal-Mart Gift Card is Standing By! Claim now by using approval code: give1000 Visit: http://GIFTCARD6.com 2end reply STOP 19. Defendants made, or had made on their behalf, the above text message call to

Plaintiff from the phone number (310) 435-8571. 20. Clicking on GiftCard6.com links consumers directly to logic-boxes.com, click-

trker.com, and em3trker.com. These three websites are owned and/or operated by Defendants, or are operated by Defendants direct subsidiaries including Invest Your Media. Invest Your Media is held out as a corporate entity located in England, but, on information and belief, is nothing more than a name utilized by Defendants to shield their actual role in sending and profiting from spam text messages. On information and belief, GiftCard6.com is operated by or directly on behalf of Defendants. asset sale and conversion into Acquinity Interactive, ModernAd settled with the Florida Attorney Generals office for $2.9 million stemming from allegations that ModernAd violated the Federal CAN-SPAM Act. See myfloridalegal.com/newsrel.nsf/newsreleases/348FA8D553BBBD0F85257719004F157E. 2 See http://www.acquinity.com/whatwedo.html 5

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21.

Defendants also made other similarly phrased text message calls to the putative

Class, including, for example: Congratulations! You've been chosen to receive a $1,000 Wal-Mart Gift Card! Use approval code: Giveme Visit: GIFT40.com 2end reply stop Starbucks customer appreciation! Go to http://starbucksfor.me and enter your Code: "0812" for a free Starbucks drink! 22. Like the message above, Gift40.com leads to logic-boxes.com, click-trker.com,

and em3trker.com. Moreover, Defendants have alternatively replaced logic-boxes.com with axis.giftchain.net, which is registered to Yes Survey Media, an additional company utilized by Defendants to hide their actual identity. Yes Survey Media purports to be located in India. 23. Similarly, the Starbucks link above leads a consumer directly to

diningandcuisine.com, which is also registered to and associated with Invest Your Media, and therefore, under the ownership and control of Defendants. 24. Likewise, messages promoting a $1000 Target gift card lead consumers directly

to evoke.getusefulgifts.com, which is also registered to and associated with Invest Your Media, and therefore, under the ownership and control of Defendants. 25. Other related subsidiaries or divisions of Defendants that take part in the

making of the text message calls at issue in this Complaint, or are responsible for the operation of the websites consumers are directed to, include Faraji E-Consulting and Revenue Path EConsulting Private Limited. 26. Defendants made, or had made on their behalf, the text message calls to Plaintiff

using equipment that had the capacity to store or produce telephone numbers to be called using a random or sequential number generator, and to dial such numbers. 27. Plaintiff did not submit her phone number to Defendants or any entity that

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indicated that she would receive text messages from Defendants, let alone text message calls promoting gift cards or other prizes. 28. Plaintiff never consented to, requested, or otherwise desired or permitted

Defendants to make text message calls to her cellular phone, nor did Plaintiff provide Defendants with her cellular telephone number. 29. Defendants made, or had made on their behalf, the same (or substantially the

same) text message call en masse to a list of cellular telephone numbers or randomly generated phone numbers. 30. Defendants, or third parties acting directly on their behalf, utilize third party

domain registration companies to mask from public view the true owner and operator of the websites featured in their text message calls as well as the websites those text messages lead a consumer to, all in order to avoid detection and liability for their conduct. 31. Defendants each were aware that the above described text message calls were

being made either by them directly, or made on their behalf, and that the text message calls were being made to consumers who had not consented to receive them. CLASS ALLEGATIONS 32. Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23(b)(2)

and 23(b)(3) on behalf of herself and a class (the Class) defined as follows: All individuals in the United States who received a text message call on their cellular telephone made by or on behalf of Defendants. 33. Numerosity: The exact number of Class members is unknown and not available

to Plaintiff at this time, but it is clear that individual joinder is impracticable. On information and belief, Defendants have made text message calls to tens of thousands of consumers who fall into the definition of the Class. Class members can be identified through Defendants records.

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34.

Typicality: Plaintiffs claims are typical of the claims of other members of the

Class, in that Plaintiff and the Class members sustained damages arising out of Defendants uniform wrongful conduct and unsolicited text message calls. 35. Adequate Representation: Plaintiff will fairly and adequately represent and

protect the interests of the Class, and has retained counsel competent and experienced in complex class actions. Plaintiff has no interest antagonistic to those of the Class, and Defendants have no defenses unique to Plaintiff. 36. Commonality and Predominance: There are many questions of law and fact

common to the claims of Plaintiff and the Class, and those questions predominate over any questions that may affect individual members of the Class. Common questions for the Class include, but are not necessarily limited to the following: (a) (b) whether Defendants conduct constitutes a violation of the TCPA; whether the equipment Defendants used to make the text message calls in question was an automatic telephone dialing system as contemplated by the TCPA; (c) whether Defendants systematically made text message calls to persons who did not previously provide Defendants with their prior express consent to receive such text message calls; (d) whether Class members are entitled to treble damages based on the willfulness of Defendants conduct. 37. Superiority: This case is also appropriate for class certification because class

proceedings are superior to all other available methods for the fair and efficient adjudication of this controversy because joinder of all parties is impracticable. The damages suffered by the

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individual members of the Class will likely be relatively small, especially given the burden and expense of individual prosecution of the complex litigation necessitated by Defendants actions. Thus, it would be virtually impossible for the individual members of the Class to obtain effective relief from Defendants misconduct. Even if members of the Class could sustain such individual litigation, it would still not be preferable to a class action, because individual litigation would increase the delay and expense to all parties due to the complex legal and factual controversies presented in this Complaint. By contrast, a class action presents far fewer management difficulties and provides the benefits of single adjudication, economy of scale, and comprehensive supervision by a single Court. Economies of time, effort and expense will be fostered and uniformity of decisions ensured. COUNT I Violation of the TCPA, 47 U.S.C. 227 (On behalf of Plaintiff and the Class) 38. herein. 39. Defendants and their agents made unsolicited text message calls to cellular Plaintiff incorporates by reference the foregoing allegations as if fully set forth

telephone numbers belonging to Plaintiff and the other members of the Class en masse without their prior express consent. 40. Defendants made the text message calls, or had them made on their behalf, using

equipment that had the capacity to store or produce telephone numbers to be called using a random or sequential number generator, and to dial such numbers. 41. Defendants and their agents utilized equipment that made, or had made on their

behalf, the text message calls to Plaintiff and other members of the Class simultaneously and without human intervention.

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42.

By making, or having made on their behalf, the unsolicited text message calls to

Plaintiff and the Class, Defendants have violated 47 U.S.C. 227(b)(1)(A)(iii). 43. As a result of Defendants unlawful conduct, Plaintiff and the members of the

Class suffered actual damages in the form of monies paid to receive the unsolicited text message calls on their cellular phones and under section 227(b)(3)(B) are each entitled to, inter alia, a minimum of $500.00 in damages for each such violation of the TCPA. 44. Should the Court determine that Defendants conduct was willful and knowing,

the Court may, pursuant to section 227(b)(3)(C), treble the amount of statutory damages recoverable by Plaintiff and the other members of the Class. PRAYER FOR RELIEF WHEREFORE, Plaintiff Nicole Moreland, individually and on behalf of the Class, prays for the following relief: 1. An order certifying the Class as defined above, appointing Plaintiff Nicole

Moreland as the representative of the Class, and appointing her counsel as Class Counsel; 2. 3. An award of actual and statutory damages; An injunction requiring Defendants to cease all unsolicited text message calling

activities, and otherwise protecting the interests of the Class; 4. 5. An award of reasonable attorneys fees and costs; and Such other and further relief that the Court deems reasonable and just.

10

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JURY DEMAND Plaintiff requests a trial by jury of all claims that can be so tried. Respectfully submitted, Dated: August 27, 2012 NICOLE MORELAND, individually and on behalf of all others similarly situated, By: Stefan Coleman, Esq. (#30188) LAW OFFICES OF STEFAN COLEMAN, PLLC 1072 Madison Avenue, Suite 1 Lakewood, NJ 08701 Telephone: (877) 333-9427 law@stefancoleman.com Jay Edelson (Admission pro hac vice to be filed) Rafey S. Balabanian (Admission pro hac vice to be filed) Christopher L. Dore (Admission pro hac vice to be filed) Benjamin H. Richman (Admission pro hac vice to be filed) EDELSON MCGUIRE LLC 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60604 Telephone: (312) 589-6380 jedelson@edelson.com rbalabanian@edelson.com cdore@edelson.com brichman@edelson.com /s/ Stefan Coleman One of Plaintiffs Attorneys

11

JS 44 (Rev.

Case 0:12-cv-61677-MGC Document 1-1 Entered on FLSD Docket 08/27/2012 Page 1 of 1 )

CIVIL COVER SHEET

The JS 44 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, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS !
NICOLE MORELAND

! ACQUINITY INTERACTIVE, LLC and MODERNAD MEDIA LLC

County of Residence of First Listed Defendant
NOTE:

DEFENDANTS

(b) County of Residence of First Listed Plaintiff Ocean County, New Jersey
(EXCEPT IN U.S. PLAINTIFF CASES)

Broward County

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

II. BASIS OF JURISDICTION

1 U.S. Government Plaintiff U.S. Government Defendant

! (c) Attorneys (Firm Name, Address, and Telephone Number) Stefan Coleman, Esq. (Law Ofces of Stefan Coleman, PLLC)! 1072 Madison Avenue, Suite 1 / Lakewood, NJ 08701 / (877) 333-9427! !
(Place an X in One Box Only) 3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

(For Diversity Cases Only) PTF Citizen of This State 1 Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

(Place an X in One Box Only) TORTS PERSONAL INJURY 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 Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement

FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee (Prisoner Petition) 465 Other Immigration Actions

V. ORIGIN
1 Original Proceeding

(Place an X in One Box Only)

Transferred from 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

47 U.S.C. 227 et seq

Unsolicited text message phone calls

DEMAND $ CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

SIGNATURE OF ATTORNEY OF RECORD

08/27/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ Stefan Coleman

APPLYING IFP

JUDGE

MAG. JUDGE

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

UNITED STATES DISTRICT COURT

for the

Southern District of __________ __________ District of Florida

NICOLE MORELAND

Plaintiff(s)

! ACQUINITY INTERACTIVE, LLC and MODERNAD MEDIA LLC

v.

Defendant(s)

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 12-CV-61677

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) !

ACQUINITY INTERACTIVE, LLC! ! CORPORATE CREATIONS NETWORK INC.! 3411 SILVERSIDE ROAD RODNEY BUILDING #104! WILMINGTON, DE 19810

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 plaintiffs attorney, whose name and address are:

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

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

Civil Action No. 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) I left the summons at the individuals 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 individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . My fees are $ for travel and $ for services, for a total of $
0

; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) ; or

; or

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

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Case 0:12-cv-61677-MGC Document 1-3 Entered on FLSD Docket 08/27/2012 Page 1 of 2

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

UNITED STATES DISTRICT COURT

for the

Southern District of __________ __________ District of Florida

NICOLE MORELAND

Plaintiff(s)

! ACQUINITY INTERACTIVE, LLC and MODERNAD MEDIA LLC

v.

Defendant(s)

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 12-CV-61677

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) !

MODERNAD MEDIA LLC! ! CORPORATE CREATIONS INTERNATIONAL, INC.! 11380 PROSPERITY FARMS RD., #221E! PALM BEACH GARDENS FL 33410 US

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 plaintiffs attorney, whose name and address are:

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

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

Civil Action No. 12-CV-61677 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) I left the summons at the individuals 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 individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . My fees are $ for travel and $ for services, for a total of $
0

; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) ; or

; or

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

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc: