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`
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`Rhett O. Millsaps II (SBN 348949)
`rhett@lex-lumina.com
`Mark A. Lemley (SBN 155830)
`mlemley@lex-lumina.com
`LEX LUMINA PLLC
`700 S. Flower Street, Suite 1000
`Los Angeles, CA 90017
`Telephone: (213) 600-6063
`Facsimile: (646) 906-8657
`
`Attorneys for Plaintiff Google LLC
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
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`GOOGLE LLC,
`
`
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` v.
`
`NGUYEN VAN DUC, PHAM VAN THIEN,
`and DOES 1-20,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`
`Case No. 23-cv-5824-SK
`
`DECLARATION OF RHETT O.
`MILLSAPS II IN SUPPORT OF
`PLAINTIFF’S APPLICATION FOR
`ENTRY OF DEFAULT BY CLERK
`UNDER FRCP 55(a)
`
`Assigned to: Hon. Sallie Kim
`
`
`
`
`
`
`DECLARATION OF RHETT O. MILLSAPS II
`
`CASE NO. 23-CV-5824-SK
`
`1
`
`
`
`Case 3:23-cv-05824-SK Document 24-1 Filed 04/22/24 Page 2 of 2
`
`
`
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`I, Rhett O. Millsaps II, declare as follows:
`1.
`I am a member of the law firm Lex Lumina PLLC and counsel for Plaintiff Google LLC.
`I submit this declaration based on personal knowledge and following reasonable investigation. If called
`as a witness, I could testify competently to the truth of each statement.
`2.
`On November 22 and December 4, 2023, Google served Defendants Nguyen Van Duc
`and Pham Van Thien with the Summons and Complaint in the manner authorized by the Court’s order
`permitting alternative service. See ECF No. 19. On April 22, 2024, Google filed a Certificate of
`Service with the Court verifying that service had been perfected. See ECF No. 23.
`3.
`Under Rule 12 of the Federal Rules of Civil Procedure, Defendants were required to file
`a response within 21 days of service, which was perfected on December 4, 2023. Defendants thus were
`required to respond by December 26, 2023.1
`4.
`As of the date of this declaration, Defendants have failed to file a responsive pleading
`or motion.
`5.
`On information and belief, Defendants are neither minors nor incompetent persons.
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`knowledge.
`
`
`Dated: April 22, 2024
`
`Los Angeles, California
`
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`
`
`By:
`
`
`/s/ Rhett O. Millsaps II
`Rhett O. Millsaps II
`
`
`
`
`1 Because Defendants’ original deadline fell on December 25, 2023, a federal holiday, Defendants’
`deadline to respond to the Complaint was December 26, 2023.
`2
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`DECLARATION OF RHETT O. MILLSAPS II
`
`CASE NO. 23-CV-5824-SK
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