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`AO 441
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`Summons in a Civil Action
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` United States District Court
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Qualcomm Incorporated
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`Apple Incorporated
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`V.
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`Civil Action No. 17cv02398-LAB-MDD
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`Plaintiff
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`Defendant
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`SUMMONS IN A CIVIL ACTION
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`To: (Defendant's name and address)
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`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
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`if you are the United States or a United States agency, or an office 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:
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`Randall E. Kay
`4655 Executive Drive, Suite 1500
`San Diego, CA 92121-3134
`(858) 314-1139
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`If you fail to respond, judgment by default will be entered against you for the relief demanded in the
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`complaint. You also must file your answer or motion with the court.
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`Date:
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`11/29/17
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`John Morrill
`CLERK OF COURT
`S/
`L. Cervantes
`Signature of Clerk or Deputy Clerk
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`
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`Case 3:17-cv-02398-DMS-MDD Document 2 Filed 11/29/17 PageID.156 Page 2 of 2
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`AO 441
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`Summons in a Civil Action
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`(Page 2)
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`Civil Action No. 17cv02398-LAB-MDD
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`Date Issued:
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`11/29/17
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`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 4(1))
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`This summons for (name of individual and title, if any) _______________________________________
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`was received by me on (date) ___________________________.
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`I personally served the summons on the individual at (place) __________________________________
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`___________________________________________________ on (date) _________________; or
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`I left the summons at the individual's residence or place of abode with (name) ____________________
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`_________________________________, a person of suitable age and discretion who resides there,
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`on (date) ___________________, and mailed a copy to the individual's last known address; or
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`I served the summons on (name of the individual) ___________________________________, who is
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`designated by law to accept service of process on behalf of (name of organization) ________________
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`______________________________________________________ on (date) ____________; or
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`I returned the summons unexecuted because ____________________________________________; or
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`Other (specify):
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`
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`My fees are $ ____________ for travel and $ ____________ for services, for a total of $ ___________.
`I declare under penalty of perjury that this information is true.
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`Date:
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`Server's Signature
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`Printed name and title
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`Server's address
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`NOTICE OF RIGHT TO CONSENT TO TRIAL BY A UNITED STATES MAGISTRATE JUDGE
`IN ACCORDANCE WITH THE PROVISION OF 28 USC 636(C) YOU ARE HEREBY NOTIFIED THAT A U.S.
`MAGISTRATE JUDGE OF THIS DISTRICT MAY, UPON CONSENT OF ALL PARTIES, CONDUCT ANY OR
`ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL
`JUDGMENT.
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`YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT CONSENT IS ENTIRELY
`VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL
`PARTIES CONSENT WILL THE JUDGE OR MAGISTRATE JUDGE WHOM THE CASE HAS BEEN ASSIGNED
`BE INFORMED OF YOUR DECISION.
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`JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN
`ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE.
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