Case 3:18-cv-00347-CAB-MDD Document 8 Filed 02/20/18 PageID.909 Page 1 of 4
`
`PAUL D. TRIPODI II
`State Bar No. 162380
`ptripodi@wsgr.com
`Wilson Sonsini Goodrich & Rosati P.C.
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: 323-210-2900
`Fax: 866-974-7329
`NATALIE J. MORGAN
`State Bar No. 211143
`nmorgan@wsgr.com
`Wilson Sonsini Goodrich & Rosati P.C.
`12235 El Camino Real
`San Diego, CA 92130
`Telephone: 858-350-2300
`Fax: 858-350-2399
`WENDY L. DEVINE
`State Bar No. 246337
`wdevine@wsgr.com
`Wilson Sonsini Goodrich & Rosati P.C.
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, California 94105-1126
`Telephone: 415-947-2000
`Fax: 415-947-2099
`Attorneys for Plaintiff NuVasive, Inc.
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`SAN DIEGO DIVISION
`
`CASE NO. 3:18-cv-00347-CAB-
`MDD
`
`PROOF OF PERSONAL
`SERVICE ON ALPHATEC
`HOLDINGS, INC.
`Complaint Filed: February 13,
`2017
`Jury Trial Demanded
`
`)))))))))))))))
`
`NUVASIVE, INC., a Delaware
`corporation,
` Plaintiff,
`v.
`ALPHATEC HOLDINGS, INC., a
`Delaware corporation, and ALPHATEC
`SPINE, INC., a California corporation,
` Defendants.
`
`PROOF OF SERVICE
`
`3:18-CV-00347-CAB-MDD
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`

`

`Case 3:18-cv-00347-CAB-MDD Document 8 Filed 02/20/18 PageID.910 Page 2 of 4
`
`PAUL D. TRIPODI II SBN: 162380
`WILSON SONSINI GOODRICH & ROSATI P.C.
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: 323-210-2900
`
`UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA
`JAMES M. CARTER AND JUDITH N. KEEP US COURTHOUSE
`CASE NUMBER:
`NUVASIVE, INC., A DELAWARE CORPORATION
`18cv0347-CAB-MDD
`v.
`
`ALPHATEC HOLDINGS, INC., ETC., ET AL.
`
`PROOF OF SERVICE
`SUMMONS AND COMPLAINT
`(Use separate proof of service for each personlpaily served)
`
`1. At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents):
`a. N summons
`0 first amended complaint
`0 third party complaint
`N complaint
`0 second amended complaint 0 counter claim
`0 alias summons
`0 third amended complaint
`0 cross claim
`ID other SEE ATTACHED DOCUMENT LIST
`2. Person served:
`a. 0 Defendant (name:) ALPHATEC HOLDINGS, INC., A DELAWARE CORPORATION
`b. El Other (specify name and title or relationship to the party/business named):
`CRAIG HUNSAKER - REGISTERED AGENT FOR SERVICE OF PROCESS
`c. El Address where the papers were served: 5818 EL CAMINO REAL
`CARLSBAD, CA 92008
`3. Manner of Service in compliance with (the appropriate box must be checked):
`a. 0 Federal Rules of Civil Procedure
`b. El California Code of Civil Procedure
`4. I served the person named in Item 2:
`a. 0 By Personal Service. By personally delivering copies. If the person is a minor, by leaving copies with a parent, guardian,
`conservator or similar fiduciary and to the minor if at least twelve (12) years of age.
`1. El Papers were served on (date): 0211512018 at (time): 10:55 am
`b. 0 By Substituted Service. By leaving copies:
`1. 0 (home) at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a
`competent member of the household, at least 18 years of age, who was informed of the general nature of the papers.
`2. 0 (business) or a person apparently in charge of the office, or place of business, at least 18 years of age, who was informed of
`the general nature of the papers.
`3. 0 Papers were served on (date): at (time):
`4. 0 by mailing (by first-class mail, postage prepaid) copies to the person served in Item 2(b) at the place where the copies were
`left in Item 2(c).
`5. 0 papers were mailed on
`6. 0 due diligence. I made at least three (3) attempts to personally serve the defendant.
`
`c. 0 Mail and acknowledgment of service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served,
`with two (2) copies of the form of Waiver of Service of Summons and Complaint and a return envelope, postage prepaid
`addressed to the sender. (Attach completed Waiver of Service of summons and Complaint).
`
`CV-1 (03110)
`
`PROOF OF SERVICE - SUMMONS AND COMPLAINT
`
`PAGE 1
`CW00111058540J0
`
`

`

`Case 3:18-cv-00347-CAB-MDD Document 8 Filed 02/20/18 PageID.911 Page 3 of 4
`
`d. q Service on domestic corporation, unincorporated association (including partnership), or public entity. (F.R.Civ.P. 4(h))
`(C.C.P. 416.10) By delivering, during usual business hours, a copy of the summons and complaint to an officer, a managing or
`general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one
`authorized by statute and the statute so requires, by also mailing, by first-class mail, postage prepaid, a copy to the defendant.
`e. El Substituted service on domestic corporation, unincorporated association (including partnership), or public entity.
`(C.C.P. 415.20 only) By leaving during usual business hours, a copy of the summons and complaint in the office of the person
`served with the person who apparently was in charge and thereafter by mailing (by first-class mail, postage prepaid) copies of
`the persons at the place where the copies were left in full compliance with C.C.P. 415.20 Substitute service upon the California
`Secretary of State requires a court order. (Attach a copy of the order to this Proof of Service.)
`
`f. q Service on a foreign corporation. In any manner prescribed for individuals by FRCP 4(f)
`
`g. q Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid,
`requiring a return receipt) copies to the person served. (Attach signed return receipt or other evidence of actual receipt by
`the person served).
`
`h. q Other (specify code section and type of service):
`
`5. Service upon the United States, and Its Agencies, Corporations or Officers.
`a. El by delivering a copy of the summons and complaint to the clerical employee designated by the U.S. Attorney authorized to
`accept service, pursuant to the procedures for the Office of the U.S. Attorney for acceptance of service, or by sending a copy of
`the summons and complaint by registered or certified mail addressed to the civil procecss clerk at the U.S. Attorneys Office.
`
`Name of person served:
`
`Title of person served:
`
`Date and time of service: (date): at (time):
`
`b. q By sending a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States at
`Washington, D.C. (Attach signed return receipt or other evidence of actual receipt by the person served).
`
`c. q By sending a copy of the summons and complaint by registered or certified mail to the officer, agency or corporation(Attach
`signed return receipt or other evidence of actual receipt by the person served).
`
`6. At the time of service I was at least 18 years of age and not a party to this action.
`
`7. Person serving (name, address and telephone number):
`c1 - : TERRY LEE McCRAW
`Nationwide Legal, LLC (12-234648)
`1609 James M. Wood Blvd., 2nd Fl
`Los Angeles, CA 90015
`(213) 249-9999
`
`a. Fee for service: $ .00
`
`b. 0 Not a registered California process server
`
`c. 0 Exempt from registration under B&P 22350(b)
`d. N Registered California process server
`Registration # :3043
`County: SAN DIEGO
`
`8. q I am a California sheriff, marshal, or constable and I certify that the foregoing is true and correct.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Date: February 16, 2018
`
`TERRY LEE McCRAW
`Type or Print Server's Name
`
`(Signature)
`
`CV-1 (03/10)
`
`PROOF OF SERVICE - SUMMONS AND COMPLAINT
`
`PAGE 2
`1058540J0
`
`

`

`Case 3:18-cv-00347-CAB-MDD Document 8 Filed 02/20/18 PageID.912 Page 4 of 4
`Nationwide Legal, LLC (12-234648)
`1609 James M. Wood Blvd., 2nd Fl
`Los Angeles, CA 90015
`Phone: (213) 249-9999 Fax: (213) 249-9990
`
`Continued from Proof of Service
`
`CASE #: 18cv0347-CAB-MDD
`
`DATE: February 16, 2018
`
`CASE NAME: NUVASIVE, INC., A DELAWARE CORPORATION VS. ALPHATEC HOLDINGS, INC.,
`ETC., ET AL.
`
`summons;complaint;SUMMONS IN A CIVIL ACTION; COMPLAINT FOR PATENT INFRINGEMENT;
`CIVIL COVER SHEET; REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A
`PATENT OR TRADEMARK; RULE 7.1 DISCLOSURE STATEMENT OF PLAINTIFF NUVASIVE, INC.;
`NOTICE OF RELATED CASES
`
`°Idea 058540JOIDocAtt2010
`
`