Case 2:16-cv-08033-AB-FFM Document 17 Filed 02/09/17 Page 1 of 6 Page ID #:1016
`
`
`Douglas G. Muehlhauser (SBN 179495)
`doug.muehlhauser@knobbe.com
`Mark Lezama (SBN 253479)
`mark.lezama@knobbe.com
`Alexander J. Martinez (SBN 293925)
`alex.martinez@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Telephone: 949-760-0404
`Facsimile: 949-760-9502
`
`Attorneys for Plaintiff
`NOMADIX, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`NOMADIX, INC.,
`
`Plaintiff,
`
`v.
`
`GUEST-TEK INTERACTIVE
`ENTERTAINMENT LTD.,
`
`Defendant.
`
`Case No.
`CV16-08033 AB (FFMx)
`
`DECLARATION OF
`L. CELESTE INGALLS
`
`Honorable André Birotte Jr.
`
`
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`NOMADIX 2008
`Guest Tek v. Nomadix
`IPR2019-01191
`
`

`

`Case 2:16-cv-08033-AB-FFM Document 17 Filed 02/09/17 Page 2 of 6 Page ID #:1017
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`I, L. Celeste Ingalls, hereby declare as follows:
`1.
`I am a citizen of the United States, I am over the age of twenty-one,
`and I am neither a party nor an attorney for any party in this action.
`2.
`I am employed by Alan H. Crowe & Associates, Inc., d/b/a Crowe
`Foreign Services, 1020 SW Taylor Street, Suite 240, Portland, Oregon, and I have
`specialized in the service of civil process in foreign countries for more than
`twenty-one years.
`3.
`Since 2003, I have attended, at special invitation as a private expert,
`the Special Administrative Sessions of the Hague Conference in The Hague,
`Netherlands, at which each signatory country was represented by their respective
`Judicial Authorities to discuss the practical mechanics of, and problems
`encountered in dealing with, the Convention on the Service Abroad of Judicial and
`Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague,
`November 15, 1965, (Hague Service Convention) as it applies to each country’s
`laws and interpretations of the Convention and its obligations; and I have been an
`invited participant at a
`training session, presided over by
`the Hague
`Administration, to provide guidance to a foreign Central Authority and its courts
`on their practical obligations with respect to service under the provisions of the
`Hague Service Convention.
`4.
`In mid-November 2016, Plaintiff Nomadix retained Crowe Foreign
`Services to prepare and submit a request to the Alberta (Canada) Central Authority
`that Guest-Tek Interactive Entertainment Ltd. be served with process in this action
`in accordance with the Hague Service Convention. The Central Authority that
`Canada has designated for the province of Alberta is the Ministry of Justice and
`Solicitor General, Justice Services Division, whose mailing address is Alberta
`Justice, Office of the Sheriff Civil Enforcement, 2nd Floor, 108th Street Building,
`9942-108 Street, Edmonton, Alberta T5K 2J5, Canada.
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`NOMADIX 2008
`Guest Tek v. Nomadix
`IPR2019-01191
`
`

`

`Case 2:16-cv-08033-AB-FFM Document 17 Filed 02/09/17 Page 3 of 6 Page ID #:1018
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`5.
`On November 29, 2016, I forwarded a complete request for service of
`process under the Hague Service Convention to the Alberta Central Authority. In
`particular, I included (1) the requisite Hague documentation (Request, Summary,
`Hague Warning, and blank certificate) and (2) the documents from this action that
`Nomadix sought to serve on the defendant, which were: Summons in a Civil
`Action; Complaint for Breach of Contract with Exhibits 1–2 (including Exhibits
`2.0–2.22); Notice of Assignment to United States Judges; Order Re: Transfer;
`Standing Order; and Order Returning Case for Reassignment. The request
`specified that the entity to be served was Guest-Tek Interactive Entertainment Ltd.
`at Suite 600, 777 8 Ave SW, Calgary, Alberta T2P 3R5, Canada.
`6.
`In February 2017, I learned that the Alberta Central Authority had
`issued a Hague Certificate of service in response to the request I had submitted on
`behalf of Nomadix.
`7.
`Attached as Exhibit A is a copy of the Certificate that the Alberta
`Central Authority sent to my office in electronic form as a courtesy while I await
`the original hard copy of the certificate.
`8.
`that Guest-Tek
`indicates
`This Hague Certificate
`Entertainment Ltd. was served with process on January 12, 2017.
`9. My experience has been that the original hard-copy Hague Certificate
`from a Canadian authority is generally returned to me within approximately three
`weeks of the completion of service. Given this experience, I expect to receive the
`original hard copy of the Hague Certificate very soon.
`
`
`Interactive
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`NOMADIX 2008
`Guest Tek v. Nomadix
`IPR2019-01191
`
`

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`Case 2:16-cv-08033-AB-FFM Document 17 Filed 02/09/17 Page 4 of 6 Page ID #:1019
`
`NOMADIX 2008
`Guest Tek v. Nomadix
`IPR2019-01191
`
`

`

`Case 2:16-cv-08033-AB-FFM Document 17 Filed 02/09/17 Page 5 of 6 Page ID #:1020
`
`NOMADIX 2008
`Guest Tek v. Nomadix
`IPR2019-01191
`
`

`

`Case 2:16-cv-08033-AB-FFM Document 17 Filed 02/09/17 Page 6 of 6 Page ID #:1021
`
`NOMADIX 2008
`Guest Tek v. Nomadix
`IPR2019-01191
`
`