Paul Andrew Mitchell, Sui Juris
c/o Forwarding Agent at:
11230 Gold Express Dr., #310-188
Gold River 95670-4484
In Propria Persona
All Rights Reserved
District Court of the United States
Eastern Judicial District of California
Plaintiff, ) STATUS REPORT OF SUMMONS SERVICE,
) NOTICE OF MOTION AND
v. ) MOTION FOR LEAVE TO SERVE
) VIA PRIORITY U.S. MAIL:
AOL Time Warner, Inc. et al., )
) 28 U.S.C. 1746(1)
COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case, to summarize the current status of formal service of the SUMMONS and COMPLAINT, and respectfully to request leave to serve outstanding SUMMONSES and COMPLAINTS via Priority U.S. Mail with Delivery Confirmation.
CURRENT STATUS OF SERVICE
OF SUMMONSES AND COMPLAINTS
On August 6, 2001 A.D., Plaintiff posted a COMPLAINT and NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS, via parcel post, to all named Defendants for whom Plaintiff had a valid last known address. Packages to Canadian and European Defendants were posted via Letter‑Post‑Air. The total bill came to $504.92.
First class U.S. Mail was recently returned from the last known, and only available, addresses of the following named Defendants:
Adit Seth Return to Sender
George R. Boyce Return to Sender
Barrett Owens Box Closed, No Order
A2Z Computers & Software Box Closed, No Order
Carrie Malcolm Addressee Unknown
David W. Starr Forwarding Order Expired
ALH Forwarding Order Expired
EZ2 Network, Inc. Undeliverable as Addressed
Hacked Archives No Such Address
INCORPTEK.COM Forwarding Order Expired
Phreak Network Solutions No Such Street in Salt Lake City
Transworld Mail Express Not Here: Return to Sender
Luke Stevens Return to Sender
The Works BBS Attempted, Unknown
C.J. Sollien Undeliverable as Addressed
Total = 15 undeliverable addresses
The law firm of Pillsbury Winthrop, LLP, in Sacramento, California, has been retained by ten (10) university Defendants, and one (1) individual, and each has agreed to waive service of SUMMONS and COMPLAINT. These eleven (11) named Defendants are:
Embry-Riddle Aeronautical University
Pennsylvania State University
University of Arkansas
University of Michigan
California Institute of Technology
Subtotal = 11 confirmed waivers
Carnegie Mellon University has also waived formal service of SUMMONS and COMPLAINT. Pleadings have now been lodged in the wrong court on behalf of Defendant Carnegie Mellon University by the law firm of Ropers, Majeski, Kohn & Bentley in Redwood City, California.
Total = 12 confirmed waivers
To demonstrate the convenience and cost-effectiveness of Priority U.S. Mail with Delivery Confirmation, Plaintiff isolated all named Defendants for which the last known address and only available address was a U.S. Post Office Box. Plaintiff then posted the Clerk’s original SUMMONS, and a true and correct copy of the initial COMPLAINT and related Clerk’s documents, to the following named Defendants:
Status of Delivery
James H. Daugherty delivered 10/15/2001
James Daughert—AA Research delivered 10/15/2001
Midwest Internet Exchange, Inc. delivered 10/15/2001
Leander Pearson awaiting pickup at USPO
Burntfork Rural Systems awaiting pickup at USPO
Telecode awaiting pickup at USPO
Desert Video Production awaiting pickup at USPO
Dave Alexander delivered 10/15/2001
Cosmic Awareness Communications delivered 10/15/2001
Floyd W. Shackelford delivered 10/15/2001
Four Peaks Technology Groups delivered 10/15/2001
Dan Turkette delivered 10/15/2001
Todd R. Eigenschink delivered 10/15/2001
David Feustel delivered 10/15/2001
Total Deliveries = 10 out of 14
Proofs of delivery, as provided online by the website of the U.S. Postal Service, are attached and incorporated by reference, as if set forth fully herein. See Attachment “A”.
In anticipation of obtaining leave of this Court to serve all remaining named Defendants via Priority U.S. Mail, with Delivery Confirmation provided by the website of the U.S. Postal Service, Plaintiff has now packaged all remaining SUMMONSES and COMPLAINTS in Medium Priority U.S. Mail rigid shipping boxes.
SUMMONSES and COMPLAINTS for Defendants in Europe and Canada are packaged in U.S. Postal Service Global Priority Mail envelopes.
All such packages are still open, to allow insertion of this Court’s ORDER granting leave to serve all outstanding SUMMONSES and COMPLAINTS in the manner described above.
Serving all remaining Defendants in this manner will be most convenient, cost-effective, and will comply with the duty of all Parties to avoid unnecessary costs. It will also minimize the time and expense involved in dealing with exceptions as they arise.
For example, some named Defendants are delaying or declining to pickup their Priority U.S. Mail, after receiving written notices from the Post Office that mail is waiting for them.
Plaintiff speculates that some of the Post Office boxes in question may also be too small to accommodate the Medium Priority cardboard boxes in which each SUMMONS and COMPLAINT was mailed.
All premises having been duly considered, Plaintiff respectfully requests a routine ORDER from this honorable Court, granting leave to serve all outstanding SUMMONSES and COMPLAINTS via Priority United States Mail and Delivery Confirmation, with the understanding that Plaintiff will submit an updated STATUS REPORT in advance of the Status Conference tentatively scheduled for October 29, 2001 A.D.
I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the above entitled action, hereby verify under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).
Dated: October 18, 2001 A.D.
Signed: /s/ Paul Andrew Mitchell
Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris
I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):
STATUS REPORT OF SUMMONS SERVICE,
NOTICE OF MOTION AND
MOTION FOR LEAVE TO SERVE
VIA PRIORITY U.S. MAIL:
by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:
Pillsbury Winthrop, LLP Ropers, Majeski, Kohn & Bentley
400 Capitol Mall, Suite 1700 1001 Marshall Street
Sacramento 95814-4419 Redwood City 94063
CALIFORNIA, USA CALIFORNIA, USA
DeForest & Koscelnik Lonnie G. Schmidt
3000 Koppers Building Settlement Negotiator
436 Seventh Avenue 11230 Gold Express Dr., #310-188
Pittsburgh 15219 Gold River 95670-4484
PENNSYLVANIA, USA CALIFORNIA, USA
Dated: October 18, 2001 A.D.
Signed: /s/ Paul Andrew Mitchell
Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona
Website of the U.S. Postal Service: