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DAVID J. COOK, ESQ. SBN 060859
COOK COLLECTION ATTORNEYS
A PROFESSIONAL LAW CORPORATION
165 Fell Street, San Francisco, CA 94102 ELECTRONICALLY
P.O. Box 270, San Francisco, CA 94104-0270
Telephone: (415) 989-4730 F I L E D
Superior Court of California,
Facsimile: (415) 989-0491 County of San Francisco
cook@cookcollectionattorneys.corn
Our File No. 58,002 02/19/2020
Clerk of the Court
BY: DAVID YUEN
Attorneys for Plaintiffs ROBBIE LEE GILLELAND Deputy Clerk
and REBECCA GILLELAND
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
10 UNLIMITED CIVIL JURISDICTION
11
ROBBIE LEE GILLELAND ) CASE NO. CPF 19-516563
12 and REBECCA GILLELAND, )
) AFFIDAVIT ¹3 OF DIANA K. MEYERS
13 Plaintiffs, ) RE: Proof of Service upon ShenZhen Fest
) Technology Co., Ltd. In accordance with
Vs. ) Paragraph 2 of Article 15 and The Hague
) Convention Default Provisions
15 SHENZHEN FEST TECHNOLOGY )
CO., LTD, ) j Service of Address ¹3 8/F BlkC, Cultural
16 ) Industrial Park, Special Zone 1980, Minfu Road,
Defendant. ) Minzhi St, Longhua, New Dist., Shenzhen,
17 ) China)
)
18 )
)
19 )
)
20 )
)
21 )
)
22 )
)
23
TO: SHENZHEN FEST TECHNOLOGY CO., LTD (HEREINAFTER, "SHENZHEN")
24
AND TO THEIR ATTORNEYS OF RECORD, IF ANY.
25
Attached hereto is the Affidavit ¹3 8/F BlkC, Cultural Industrial Park, Special Zone 1980,
26
Minfu Road, Minzhi St, Longhua, New Dist., Shenzhen, China), which is attached hereto, marked
27
28
AFFIDAVIT ¹3 OF DIANA K. MEYERS
IService of Address ¹3 8/F BlkC, Cultural Industrial Park, Special Zone 1980, Minfu Road, Minzhi St, Longhua, New
Dist., Shenzhen, China]
Exhibit "A" and incorporated herein by reference.
DATED: February 19, 2020 COOK C C
By:
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AFFIDAVIT ¹3 OF DIANA K. MEYERS
IService of Address ¹3 8/F BlkC, Cultural Industrial Park, Special Zone 1980, Minfu Road, Minzhi St, Lon¹hua, New
Dist., Shenzhen, Chinai
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ROBBIE LEE GILLELAND AND ) Case No. CPF-19-516563
REBECCA GILLELAND, )
)
Plaintiffs, )
) AFFIDAVIT OF DIANE K. MYERS
vs. )
) RE: Proof of Service upon
SHENZHEN FEST TECHNOLOGY CO., ) ShenZhen Fest Technology Co., Ltd.
LTD., ET AL., ) In accordance with Paragraph 2
) of Article 15 and The Hague
Defendants. ) Convention Default Provisions
Service at Address ¹3: 8/F BlkC, Cultural
Industrial Park, Special Zone 1980, Minfu Road,
Minzhi St, Longhua, New Dist., Shenzhen,
China
State of Minnesota )
) s.s.
County of Hennepin )
The affiant is a paralegal in the employ of Civil Action Group, Ltd. d/b/a APS International, Ltd.
("APS"), and in that capacity has caused thousands of documents to be served abroad pursuant to The
Hague Convention. The Haaue Convention on the Service Abroad of Judicial and Extraiudicial
Documents in Civil or Commercial Matters, TIAS ¹10072 (U.S. Treaties & other International Acts)
and 20 UST 361 (U.S. Treaties & other International Agreements).
Because of the language barrier, and other problems, it is not unusual for a proof of service to be sent by
a foreign Central Authority clerk to the wrong United States lawyer. The United States is the only
country, of all Treaty Nations, which has no single Central Authority to receive proofs of service. Since
APS ¹ 281165-3
proofs sent to an incorrect address arrive in a foreign language, generally they are inadvertently "filed
away." APS receives a number of such proofs of service sent to it in error every year. Our translators
routinely forward them to the proper United States lawyer or Court.
The possibility that foreign Central Authorities would lose or otherwise not prepare or send proofs of
service is anticipated by the Treaty. Paragraph 2 of Article 15 allows each treaty nation to elect a
provision for default judgments, notwithstanding the absence of a proof of service (Paragraph 2 of
Article 15 is attached as Exhibit I).
IV
The United States has executed declaration 3 to the Treaty, which adopts Paragraph 2 of Article 15 and
allows for default judgment in a United States Court, notwithstanding the absence of a proof of service
(Declaration ¹3 of the United States is attached as Exhibit 2).
V
Paragraph 2 of Article 15 allows a United States judge to grant a default judgment, notwithstanding the
absence of a proof of service provided:
a) The documents of suit in the action were transmitted abroad to the appropriate Central Authority
for the purpose of service. In this case, the service documents were transmitted via international courier
(Federal Express) on April 2, 2019. They were delivered to the Chinese Central Authority, the Ministry
of Justice, located at the International Legal Cooperation Center (ILCC), No.33 PingAnLi XiDaJie,
Xicheng District, Beijing 100035 CHINA on April 8, 2019 at I:57 p.m. and signed for by Mr./Ms. Y.
Dai. (Copies of Federal Express label and tracking confirmation are attached as Exhibit 5.)
b) A period of time in excess of six months must have lapsed since the suit documents were
transmitted abroad for the purpose of service. In this case the documents were transmitted on April 2,
APS ¹ 281165-3
2019, and a period of more than six months has elapsed.
c) No certificate of any kind has been received, even though reasonable efforts have been made to
obtain it through the competent authorities of the state addressed. In this case, reasonable efforts
include:
I) On August 12, 2019, follow-up documents were sent to the Central Authority via Federal
Express, requesting status of service. These documents were received at the Ministry of
Justice of China, located at the International Legal Cooperation Center (ILCC), No.33
PingAnLi XiDaJie, Xicheng District, Beijing 100035 CHINA on August 15, 2019 at
11:40 a.m. and signed for by Mr./Ms. L. Zhang. (Copies of Federal Express label and
tracking confirmation, and correspondence addressed to the Central Authority, are
attached as Exhibit 6.)
2) Another status letter addressed to the Central Authority was sent on September 24, 2019
via Federal Express. These documents were received at the Ministry of Justice of China,
International Legal Cooperation Center (ILCC), No.33 PingAnLi XiDaJie, Xicheng
District, Beijing 100035 CHINA on September 27, 2019 at 2:18 p.m. and signed for by
Mr./Ms. L. Zhang. (Copies of Federal Express label and tracking confirmation, and letter
addressed to the Central Authority, are attached as Exhibit 7).
3) A period of time in excess of six months has lapsed since the suit documents were
transmitted abroad for the purpose of service to the Central Authority. No proof of
service or certificate of any kind has been received.
VI
Notwithstanding entry of judgment by the United States Court, an aggrieved defendant is given a
remedy. The treaty provides in Article 16 for a procedural remedy to reopen a default judgment within
one year. In addition, the United States has adopted declaration 4 which allows a default to be reopened
APS tt 281165-3
within either the same period of time that is allowed under the United States Court's rules of procedure,
or I year, whichever period is greater. (Article 16 and Declaration ¹4 of the United States are attached
as Exhibit 3 and Exhibit 4.)
VII
In accordance with the terms of the Treaty, the plaintiff is entitled to default judgment in this matter.
Affiant states nothing further.
/~+i cc..vx~~
Diane K. Myers, Paralegal
APS International, Ltd.
APS International Plaza
Subscribed and sworn 7800 Glenroy Road
before me this 31" Minneapolis, MN 55439
day of January, 2020. Tel: (800) 328-7171
~i'2,;&„-
Notary Public
3r~
APS tt 281165-3
EXHIBIT I
THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND
EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS
//10072, 20 UST 361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104.
ARTICLE 15
Where a writ of summons or an equivalent document had to be transmitted abroad for the purpose of
service, under the provisions of the present Convention, and the defendant has not appeared, judgment
shall not be given until it is established that-
{a) the document was served by a method prescribed by the internal law of the State addressed for
the service of documents in domestic actions upon persons who are within its territory, or
(b) the document was actually delivered to the defendant or to his residence by another method
provided for by this Convention,
and that in either of these cases the service or the delivery was effected in sufficient time to enable the
defendant to defend.
Each contracting State shall be free to declare that the judge, notwithstanding the provisions of
the first paragraph of this article, may give judgment even if no certificate of service or delivery has
been received, if all the following conditions are fulfilled-
(a) the document was transmitted by one of the methods provided for in this Convention,
{b) a period of time of not less that six months, considered adequate by the judge in the particular
case, has elapsed since the date of the transmission of the document,
(c) no certificate of any kind has been received, even though every reasonable effort has been made
to obtain it through the competent authorities of the State addressed.
Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of
urgency, any provisional or protective measures.
APS s 2S1165-3
EXHIBIT 2
THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND
EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS ¹10072, 20 UST
361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104.
DECLARATION ¹3 OF THE UNITED STATES
In accordance with the second paragraph of Article 15, it is declared that the judge may,
notwithstanding the provisions of the first paragraph of Article 15, give judgment even if no certificate
of service or delivery has been received, if all the conditions specified in subdivision (a), (b) and (c) of
the second paragraph of Article 15 are fulfilled.
Aps ¹ 281165-3
EXHIBIT 3
THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND
EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS ¹10072, 20 UST
361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104.
ARTICLE 16
When a writ of summons or an equivalent document had to be transmitted abroad for the purpose of
service, under the provisions of the present Convention, and a judgment has been entered against a
defendant who has not appeared, the judge shall have the power to relieve the defendant from the
effects of the expiration of the time for appeal from the judgment if the following conditions are
fulfilled-
(a) the defendant, without any fault on his part, did not have knowledge of the document in
sufficient time to defend, or knowledge of the judgment in suAicient time to appeal, and
(b) the defendant has disclosed a prima facie defense to the action on the merits.
An application for relief may be filed only within a reasonable time after the defendant has
knowledge of the judgment.
Each contracting State may declare that the application will not be entertained if it is filed after
the expiration of a time to be stated in the declaration, but which shall in no case be less than one year
following the date of the judgment. This article shall not apply to judgments concerning status or
capacity of persons.
APS tt 281165-3
EXHIBIT 4
THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND
EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS ¹I 0072, 20 UST
361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104.
DECLARATION ¹4 OF THE UNITED STATES
In accordance with the third paragraph of Article 16, it is declared that an application under Article
16 will not be entertained if it is filed (a) after the expiration of the period within which the same may
be filed under the procedural regulations of the court in which the judgment has been entered, or (b)
after the expiration of one year following the date of the judgment, whichever is later.
APs tt 281165-3
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Diane Myers
From: Trackingupdates@fedex.corn
Sent: Monday, April 08, 2019 1:06 AM
To: Diane Myers
Subject: Fed Ex Shipment 774862585298 Delivered
Your package has been delivered
Tracking 0 774862585298
Ship date: Delivery date:
,
Tue, 4/2/2019 Mon, 4/8/2019
DIANE MYERS 1:57 pm
APS INTERNATIONAL, MINISTRY OF JUSTICE
LTD
MINNEAPOLIS, MN
55439
US
Delivered
I - WANG TAILONG
INTERNATIONL LEGAL
COOP CTR IL
NO.33 PINGANLI
XIDAJIE
XICHENG DISTRICT
BEIJING, 100035
CN
Shipment Facts
Our records indicate that the following package has
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Tracking number: 774862585298
Status: Delivered: 04r08I2019
1:57 PM Signed for
By: Y.DAI
Reference: INT 281165-1-2-3 and
280258-1
Signed for by: Y. DAI
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APS I 281165-3
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Preview
DAVID J. COOK, ESQ. SBN 060859 COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102 ELECTRONICALLY P.O. Box 270, San Francisco, CA 94104-0270 Telephone: (415) 989-4730 F I L E D Superior Court of California, Facsimile: (415) 989-0491 County of San Francisco cook@cookcollectionattorneys.corn Our File No. 58,002 02/19/2020 Clerk of the Court BY: DAVID YUEN Attorneys for Plaintiffs ROBBIE LEE GILLELAND Deputy Clerk and REBECCA GILLELAND SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO 10 UNLIMITED CIVIL JURISDICTION 11 ROBBIE LEE GILLELAND ) CASE NO. CPF 19-516563 12 and REBECCA GILLELAND, ) ) AFFIDAVIT ¹3 OF DIANA K. MEYERS 13 Plaintiffs, ) RE: Proof of Service upon ShenZhen Fest ) Technology Co., Ltd. In accordance with Vs. ) Paragraph 2 of Article 15 and The Hague ) Convention Default Provisions 15 SHENZHEN FEST TECHNOLOGY ) CO., LTD, ) j Service of Address ¹3 8/F BlkC, Cultural 16 ) Industrial Park, Special Zone 1980, Minfu Road, Defendant. ) Minzhi St, Longhua, New Dist., Shenzhen, 17 ) China) ) 18 ) ) 19 ) ) 20 ) ) 21 ) ) 22 ) ) 23 TO: SHENZHEN FEST TECHNOLOGY CO., LTD (HEREINAFTER, "SHENZHEN") 24 AND TO THEIR ATTORNEYS OF RECORD, IF ANY. 25 Attached hereto is the Affidavit ¹3 8/F BlkC, Cultural Industrial Park, Special Zone 1980, 26 Minfu Road, Minzhi St, Longhua, New Dist., Shenzhen, China), which is attached hereto, marked 27 28 AFFIDAVIT ¹3 OF DIANA K. MEYERS IService of Address ¹3 8/F BlkC, Cultural Industrial Park, Special Zone 1980, Minfu Road, Minzhi St, Longhua, New Dist., Shenzhen, China] Exhibit "A" and incorporated herein by reference. DATED: February 19, 2020 COOK C C By: 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFFIDAVIT ¹3 OF DIANA K. MEYERS IService of Address ¹3 8/F BlkC, Cultural Industrial Park, Special Zone 1980, Minfu Road, Minzhi St, Lon¹hua, New Dist., Shenzhen, Chinai IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBBIE LEE GILLELAND AND ) Case No. CPF-19-516563 REBECCA GILLELAND, ) ) Plaintiffs, ) ) AFFIDAVIT OF DIANE K. MYERS vs. ) ) RE: Proof of Service upon SHENZHEN FEST TECHNOLOGY CO., ) ShenZhen Fest Technology Co., Ltd. LTD., ET AL., ) In accordance with Paragraph 2 ) of Article 15 and The Hague Defendants. ) Convention Default Provisions Service at Address ¹3: 8/F BlkC, Cultural Industrial Park, Special Zone 1980, Minfu Road, Minzhi St, Longhua, New Dist., Shenzhen, China State of Minnesota ) ) s.s. County of Hennepin ) The affiant is a paralegal in the employ of Civil Action Group, Ltd. d/b/a APS International, Ltd. ("APS"), and in that capacity has caused thousands of documents to be served abroad pursuant to The Hague Convention. The Haaue Convention on the Service Abroad of Judicial and Extraiudicial Documents in Civil or Commercial Matters, TIAS ¹10072 (U.S. Treaties & other International Acts) and 20 UST 361 (U.S. Treaties & other International Agreements). Because of the language barrier, and other problems, it is not unusual for a proof of service to be sent by a foreign Central Authority clerk to the wrong United States lawyer. The United States is the only country, of all Treaty Nations, which has no single Central Authority to receive proofs of service. Since APS ¹ 281165-3 proofs sent to an incorrect address arrive in a foreign language, generally they are inadvertently "filed away." APS receives a number of such proofs of service sent to it in error every year. Our translators routinely forward them to the proper United States lawyer or Court. The possibility that foreign Central Authorities would lose or otherwise not prepare or send proofs of service is anticipated by the Treaty. Paragraph 2 of Article 15 allows each treaty nation to elect a provision for default judgments, notwithstanding the absence of a proof of service (Paragraph 2 of Article 15 is attached as Exhibit I). IV The United States has executed declaration 3 to the Treaty, which adopts Paragraph 2 of Article 15 and allows for default judgment in a United States Court, notwithstanding the absence of a proof of service (Declaration ¹3 of the United States is attached as Exhibit 2). V Paragraph 2 of Article 15 allows a United States judge to grant a default judgment, notwithstanding the absence of a proof of service provided: a) The documents of suit in the action were transmitted abroad to the appropriate Central Authority for the purpose of service. In this case, the service documents were transmitted via international courier (Federal Express) on April 2, 2019. They were delivered to the Chinese Central Authority, the Ministry of Justice, located at the International Legal Cooperation Center (ILCC), No.33 PingAnLi XiDaJie, Xicheng District, Beijing 100035 CHINA on April 8, 2019 at I:57 p.m. and signed for by Mr./Ms. Y. Dai. (Copies of Federal Express label and tracking confirmation are attached as Exhibit 5.) b) A period of time in excess of six months must have lapsed since the suit documents were transmitted abroad for the purpose of service. In this case the documents were transmitted on April 2, APS ¹ 281165-3 2019, and a period of more than six months has elapsed. c) No certificate of any kind has been received, even though reasonable efforts have been made to obtain it through the competent authorities of the state addressed. In this case, reasonable efforts include: I) On August 12, 2019, follow-up documents were sent to the Central Authority via Federal Express, requesting status of service. These documents were received at the Ministry of Justice of China, located at the International Legal Cooperation Center (ILCC), No.33 PingAnLi XiDaJie, Xicheng District, Beijing 100035 CHINA on August 15, 2019 at 11:40 a.m. and signed for by Mr./Ms. L. Zhang. (Copies of Federal Express label and tracking confirmation, and correspondence addressed to the Central Authority, are attached as Exhibit 6.) 2) Another status letter addressed to the Central Authority was sent on September 24, 2019 via Federal Express. These documents were received at the Ministry of Justice of China, International Legal Cooperation Center (ILCC), No.33 PingAnLi XiDaJie, Xicheng District, Beijing 100035 CHINA on September 27, 2019 at 2:18 p.m. and signed for by Mr./Ms. L. Zhang. (Copies of Federal Express label and tracking confirmation, and letter addressed to the Central Authority, are attached as Exhibit 7). 3) A period of time in excess of six months has lapsed since the suit documents were transmitted abroad for the purpose of service to the Central Authority. No proof of service or certificate of any kind has been received. VI Notwithstanding entry of judgment by the United States Court, an aggrieved defendant is given a remedy. The treaty provides in Article 16 for a procedural remedy to reopen a default judgment within one year. In addition, the United States has adopted declaration 4 which allows a default to be reopened APS tt 281165-3 within either the same period of time that is allowed under the United States Court's rules of procedure, or I year, whichever period is greater. (Article 16 and Declaration ¹4 of the United States are attached as Exhibit 3 and Exhibit 4.) VII In accordance with the terms of the Treaty, the plaintiff is entitled to default judgment in this matter. Affiant states nothing further. /~+i cc..vx~~ Diane K. Myers, Paralegal APS International, Ltd. APS International Plaza Subscribed and sworn 7800 Glenroy Road before me this 31" Minneapolis, MN 55439 day of January, 2020. Tel: (800) 328-7171 ~i'2,;&„- Notary Public 3r~ APS tt 281165-3 EXHIBIT I THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS //10072, 20 UST 361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104. ARTICLE 15 Where a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of the present Convention, and the defendant has not appeared, judgment shall not be given until it is established that- {a) the document was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons who are within its territory, or (b) the document was actually delivered to the defendant or to his residence by another method provided for by this Convention, and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend. Each contracting State shall be free to declare that the judge, notwithstanding the provisions of the first paragraph of this article, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled- (a) the document was transmitted by one of the methods provided for in this Convention, {b) a period of time of not less that six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document, (c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed. Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of urgency, any provisional or protective measures. APS s 2S1165-3 EXHIBIT 2 THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS ¹10072, 20 UST 361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104. DECLARATION ¹3 OF THE UNITED STATES In accordance with the second paragraph of Article 15, it is declared that the judge may, notwithstanding the provisions of the first paragraph of Article 15, give judgment even if no certificate of service or delivery has been received, if all the conditions specified in subdivision (a), (b) and (c) of the second paragraph of Article 15 are fulfilled. Aps ¹ 281165-3 EXHIBIT 3 THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS ¹10072, 20 UST 361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104. ARTICLE 16 When a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of the present Convention, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled- (a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in suAicient time to appeal, and (b) the defendant has disclosed a prima facie defense to the action on the merits. An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment. Each contracting State may declare that the application will not be entertained if it is filed after the expiration of a time to be stated in the declaration, but which shall in no case be less than one year following the date of the judgment. This article shall not apply to judgments concerning status or capacity of persons. APS tt 281165-3 EXHIBIT 4 THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS, TIAS ¹I 0072, 20 UST 361 (2/10/69) 28 USCA, 1988 SUP. PAMPHLET PAGE 104. DECLARATION ¹4 OF THE UNITED STATES In accordance with the third paragraph of Article 16, it is declared that an application under Article 16 will not be entertained if it is filed (a) after the expiration of the period within which the same may be filed under the procedural regulations of the court in which the judgment has been entered, or (b) after the expiration of one year following the date of the judgment, whichever is later. 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Tracking number: 774862585298 Status: Delivered: 04r08I2019 1:57 PM Signed for By: Y.DAI Reference: INT 281165-1-2-3 and 280258-1 Signed for by: Y. DAI Delivery location: BEIJING, Delivered to: Receptionist/Front Desk Service type: FedEx International Priority Packaging type: FedExtsiPak Number of pieces: Weight: 1.60 1i3. Special Deliver Weekday handling/Services: Standard transit: 4/8/2019 by 6.00 pm K3 This email was sent from an unattended mailbox. This Please do not respond to this message repon was generated at approximately 1.06 AM coT on 04/08/2019. Allweights are estimated. To track the latest status of your shipment. chck on the tracking number above. Standard transit is the date and time the package is scheduled lo be delivered by, based on the selected service. destination and ship dale. Limitations and exceptions may apply. 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