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1 JOAN HERRINGTON (SBN 178988)
Bay Area Employment Law Office
2 2648 International Blvd., Ste 115 PMB 62 ELECTRONICALLY
3
Oakland, CA 94601 FILED
Telephone: (510) 387-5626 Superior Court of California,
County of San Francisco
4 Facsimile: (510) 530-4725
jh@baelo.com 04/03/2023
Clerk of the Court
5 BY: MELISSA DONG
STEVEN L. DERBY, Esq. (SBN 148372) Deputy Clerk
6 DERBY, McGUINNESS & GOLDSMITH, LLP
1999 Harrison Street, Suite 1800
7 Oakland, CA 94612
Telephone: (510) 987-8778
8 Facsimile: (510) 359-4419
eservice@dmglawfirm.com
9 sderby@dmglawfirm.com
10
Attorneys for Plaintiff
11 TODD J. FERRARIS
12
SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
14
15
TODD J. FERRARIS, CASE NO. CGC-19-576681
16
Plaintiff, Civil Rights
17
18 v. PROOF OF SERVICE
19 UNITED PARCEL SERVICE, INC.; Complaint Filed: June 13, 2019
20 JEFFREY D. HUE; and DOES 1 through Trial Date:
50, inclusive, Dept: 608, Hon. Gerardo C. Sandoval
21
Defendants.
22
23
24
25
26
27
28
PROOF OF SERVICE
1 PROOF OF SERVICE
2 I, the undersigned, declare that: I am over the age of 18 years and not a party to the
3 action. I am employed in, or am a resident of the County of Solano, California, where the
4 mailing/electronic transmission occurs. My business address is 1999 Harrison Street,
5 Suite 1800, Oakland, California 94612.
On March 31, 2023, I caused the documents named below to be served on the
6
parties in the action as follows:
7
8 PLAINTIFF’S ABANDONMENT OF APPEAL (UNLIMITED CIVIL CASE)
9
by placing a copy thereof in a separate envelope for each addressee respectively as
10
follows:
11
PLEASE SEE ATTACHED LIST
12
13 BY MAIL: as follows:
14
First Class Mail: I am readily familiar with the business practice of collection
15 and processing of correspondence of sending via United States Postal Service
and overnight express pursuant to which the correspondence will be deposited
16 with the U.S. Postal Service this same day in the ordinary course of business. I
17
caused such envelope to be deposited in the mail at Fairfield, California. The
envelope was mailed with First Class postage thereon fully prepaid.
18
Priority Mail: I am readily familiar with the business practice of collection and
19
processing of correspondence of sending via United States Postal Service and
20 overnight express pursuant to which the correspondence will be deposited with
the U.S. Postal Service this same day in the ordinary course of business. I
21 caused such envelope to be deposited in the mail at Fairfield, California. The
22 envelope was mailed with Priority Mail postage thereon fully prepaid.
23 Priority Mail Express: I am readily familiar with the business practice of
collection and processing of correspondence of sending via United States Postal
24 Service and overnight express pursuant to which the correspondence will be
25 deposited with the U.S. Postal Service this same day in the ordinary course of
business. I caused such envelope to be deposited in the mail at Fairfield,
26 California. The envelope was mailed with Priority Mail Express postage thereon
fully prepaid.
27
28
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PROOF OF SERVICE
Certified Mail: I am readily familiar with the business practice of collection
1
and processing of correspondence of sending via United States Postal Service
2 and overnight express pursuant to which the correspondence will be deposited
with the U.S. Postal Service this same day in the ordinary course of business. I
3 caused such envelope to be deposited in the mail at Fairfield, California. The
4 envelope was mailed with certified mail postage thereon fully prepaid.
5 Fedex: I caused such envelope to be pickup by Fedex at Fairfield, California.
The envelope was mailed with postage thereon fully prepaid.
6
7
BY ELECTRONIC SERVICE: as follows:
8
9 Electronic Service: I, Shalishah Patrick, whose e-mail address is
spatrick@dmglawfirm.com, caused such documents to be transmitted to the
10 electronic mailing address of the addressee listed on the attached service list by
use of electronic mail. The electronic service of the document(s) complied with
11 California Rules of Court, Rule 2.251(C)(3).
12
Electronic Service: I caused the above-entitled document(s) to be served
13 electronically through One Legal at http://www.onelegal.com to all parties on
the electronic service list maintained by One Legal associated with this case.
14
The transmission was reported as complete and a copy of the electronic filing
15 receipt will be maintained with the original document(s) in our file.
16 Electronic Mail Service: I, Shalishah Patrick, whose e-mail address is
spatrick@dmglawfirm.com, caused such document(s) to be transmitted to the
17
electronic mail addresses to the part(ies) listed on the attached service list. I did
18 not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.
19
FACSIMILE: I caused such documents to be transmitted to the telephone
20
number of the addressee listed on the attached service list, by use of facsimile
21 machine telephone number. The facsimile machine was used complied with
California Rules of Court, Rule 2004 and no error was reported by the machine.
22 Pursuant to California Rule of Court, rule 2006(d), a transmission record of the
23 transmission was printed.
24 BY CM/ECF: In accordance with the rules governing the electronic filing of
documents for the United States District Court, service has been effected as to the
25
persons listed on the attached service list, whose counsel of record is a registered
26 participant of the district court’s CM/ECF filing system.
27
28
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PROOF OF SERVICE
1
BY OVERNIGHT COURIER SERVICE: I caused such envelope to be delivered
2 by overnight courier service to the office of the addressee. The envelope was
deposited in or with a facility regularly maintained by the overnight courier service
3 with delivery fees paid or provided for.
4
BY PERSONAL SERVICE: I caused such documents to be personally served upon
5 the persons listed on the attachment to this Proof of Service.
6
STATE: I declare under the penalty of perjury under the laws of the State of
7 California that the above is true and correct.
8 FEDERAL: I declare that I am employed in the office of a member of the State Bar
9 of this Court at whose direction the service was made.
10
Executed March 31, 2023, at Fairfield, California.
11
12
13 Shalishah Patrick
14
15 ATTACHMENT TO PROOF OF SERVICE
16
Attorneys for Defendant Elizabeth A. Falcone
17 United Parcel Services, Inc.
Jeffrey D. Hue Elizabeth.Falcone@ogletree.com
18 OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
19 222 SW Columbia Street, Suite 1500
20 Portland, OR 97201
21 Cara F. Barrick, Esq.
22 cara.barrick@ogletree.com
OGLETREE, DEAKINS, NASH,
23 SMOAK & STEWART, P.C.
24 One Embarcadero Center, Suite 900
San Francisco, CA 94111
25
26
27
28
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PROOF OF SERVICE
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1 JOAN HERRINGTON (SBN 178988) Bay Area Employment Law Office 2 2648 International Blvd., Ste 115 PMB 62 ELECTRONICALLY 3 Oakland, CA 94601 FILED Telephone: (510) 387-5626 Superior Court of California, County of San Francisco 4 Facsimile: (510) 530-4725 jh@baelo.com 04/03/2023 Clerk of the Court 5 BY: MELISSA DONG STEVEN L. DERBY, Esq. (SBN 148372) Deputy Clerk 6 DERBY, McGUINNESS & GOLDSMITH, LLP 1999 Harrison Street, Suite 1800 7 Oakland, CA 94612 Telephone: (510) 987-8778 8 Facsimile: (510) 359-4419 eservice@dmglawfirm.com 9 sderby@dmglawfirm.com 10 Attorneys for Plaintiff 11 TODD J. FERRARIS 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION 14 15 TODD J. FERRARIS, CASE NO. CGC-19-576681 16 Plaintiff, Civil Rights 17 18 v. PROOF OF SERVICE 19 UNITED PARCEL SERVICE, INC.; Complaint Filed: June 13, 2019 20 JEFFREY D. HUE; and DOES 1 through Trial Date: 50, inclusive, Dept: 608, Hon. Gerardo C. Sandoval 21 Defendants. 22 23 24 25 26 27 28 PROOF OF SERVICE 1 PROOF OF SERVICE 2 I, the undersigned, declare that: I am over the age of 18 years and not a party to the 3 action. I am employed in, or am a resident of the County of Solano, California, where the 4 mailing/electronic transmission occurs. My business address is 1999 Harrison Street, 5 Suite 1800, Oakland, California 94612. On March 31, 2023, I caused the documents named below to be served on the 6 parties in the action as follows: 7 8 PLAINTIFF’S ABANDONMENT OF APPEAL (UNLIMITED CIVIL CASE) 9 by placing a copy thereof in a separate envelope for each addressee respectively as 10 follows: 11 PLEASE SEE ATTACHED LIST 12 13 BY MAIL: as follows: 14 First Class Mail: I am readily familiar with the business practice of collection 15 and processing of correspondence of sending via United States Postal Service and overnight express pursuant to which the correspondence will be deposited 16 with the U.S. Postal Service this same day in the ordinary course of business. I 17 caused such envelope to be deposited in the mail at Fairfield, California. The envelope was mailed with First Class postage thereon fully prepaid. 18 Priority Mail: I am readily familiar with the business practice of collection and 19 processing of correspondence of sending via United States Postal Service and 20 overnight express pursuant to which the correspondence will be deposited with the U.S. Postal Service this same day in the ordinary course of business. I 21 caused such envelope to be deposited in the mail at Fairfield, California. The 22 envelope was mailed with Priority Mail postage thereon fully prepaid. 23 Priority Mail Express: I am readily familiar with the business practice of collection and processing of correspondence of sending via United States Postal 24 Service and overnight express pursuant to which the correspondence will be 25 deposited with the U.S. Postal Service this same day in the ordinary course of business. I caused such envelope to be deposited in the mail at Fairfield, 26 California. The envelope was mailed with Priority Mail Express postage thereon fully prepaid. 27 28 -2- PROOF OF SERVICE Certified Mail: I am readily familiar with the business practice of collection 1 and processing of correspondence of sending via United States Postal Service 2 and overnight express pursuant to which the correspondence will be deposited with the U.S. Postal Service this same day in the ordinary course of business. I 3 caused such envelope to be deposited in the mail at Fairfield, California. The 4 envelope was mailed with certified mail postage thereon fully prepaid. 5 Fedex: I caused such envelope to be pickup by Fedex at Fairfield, California. The envelope was mailed with postage thereon fully prepaid. 6 7 BY ELECTRONIC SERVICE: as follows: 8 9 Electronic Service: I, Shalishah Patrick, whose e-mail address is spatrick@dmglawfirm.com, caused such documents to be transmitted to the 10 electronic mailing address of the addressee listed on the attached service list by use of electronic mail. The electronic service of the document(s) complied with 11 California Rules of Court, Rule 2.251(C)(3). 12 Electronic Service: I caused the above-entitled document(s) to be served 13 electronically through One Legal at http://www.onelegal.com to all parties on the electronic service list maintained by One Legal associated with this case. 14 The transmission was reported as complete and a copy of the electronic filing 15 receipt will be maintained with the original document(s) in our file. 16 Electronic Mail Service: I, Shalishah Patrick, whose e-mail address is spatrick@dmglawfirm.com, caused such document(s) to be transmitted to the 17 electronic mail addresses to the part(ies) listed on the attached service list. I did 18 not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 19 FACSIMILE: I caused such documents to be transmitted to the telephone 20 number of the addressee listed on the attached service list, by use of facsimile 21 machine telephone number. The facsimile machine was used complied with California Rules of Court, Rule 2004 and no error was reported by the machine. 22 Pursuant to California Rule of Court, rule 2006(d), a transmission record of the 23 transmission was printed. 24 BY CM/ECF: In accordance with the rules governing the electronic filing of documents for the United States District Court, service has been effected as to the 25 persons listed on the attached service list, whose counsel of record is a registered 26 participant of the district court’s CM/ECF filing system. 27 28 -3- PROOF OF SERVICE 1 BY OVERNIGHT COURIER SERVICE: I caused such envelope to be delivered 2 by overnight courier service to the office of the addressee. The envelope was deposited in or with a facility regularly maintained by the overnight courier service 3 with delivery fees paid or provided for. 4 BY PERSONAL SERVICE: I caused such documents to be personally served upon 5 the persons listed on the attachment to this Proof of Service. 6 STATE: I declare under the penalty of perjury under the laws of the State of 7 California that the above is true and correct. 8 FEDERAL: I declare that I am employed in the office of a member of the State Bar 9 of this Court at whose direction the service was made. 10 Executed March 31, 2023, at Fairfield, California. 11 12 13 Shalishah Patrick 14 15 ATTACHMENT TO PROOF OF SERVICE 16 Attorneys for Defendant Elizabeth A. Falcone 17 United Parcel Services, Inc. Jeffrey D. Hue Elizabeth.Falcone@ogletree.com 18 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 19 222 SW Columbia Street, Suite 1500 20 Portland, OR 97201 21 Cara F. Barrick, Esq. 22 cara.barrick@ogletree.com OGLETREE, DEAKINS, NASH, 23 SMOAK & STEWART, P.C. 24 One Embarcadero Center, Suite 900 San Francisco, CA 94111 25 26 27 28 -4- PROOF OF SERVICE