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ClV-020
ATrORNEY 0R PARTY \MTHOUT ATIORNEY: STATE BAR No: 284,070 0’;
WEMWMN FILED \
FIRM NAME: U.S. DOJ- Antitrust Division
STREEFADDRESS: 450 Golden Gate Ave, Room 10-0101
18 FEB 2 6 P“ [g1
q I
CITY: San Francisco 94102-3478 STATE: CA ZIP CODE 94102
TELEPHONE No: 415-934-5300 FAX Novfifavailabfe):
c -i M; r); TH? s-UPszzw (rnum
EMAILADDRESS(iravanab/e): Andrew.Mast@usdoj.gov m‘ m1 Q‘F :17 Ah'.:;_z_;=u
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ATTORNEY FOR(name): lntervenor U.S. Dept of Justice, Antitrust Div.
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Stanislaus
STREET ADDRESS: 801 10th Street
MAILINGADDRESS: I
crrv AND ZIP CODE: Modesto, California 95354
BRANCH NAME: City Towers Courthouse
PLAINTIFFIPETITIONER: Capital Equity Management Group, Inc.
DEFENDANT/RESPONDENTZ Steven A. Swanger' et a].
case NUMBER-
NOTICE OF INTENT T0 APPEAR BY TELEPHONE 2023519
1. Party intending to appear by telephone is
I:| Plaintiff/Petitioner(name):
E Defendant/Respondent(name):
Other (name): Intervenor, U.S. DOJ-Antitrust Div.
2. The conference, hearing, or proceeding is for (describe):
Case Management Conference
seton (date):March 5, 2018 at (time):3:00 PM in (departmeno: 21
before (name ofjudicial officer, if known):
Date:
Andrew
February 23, 2018
J. Mast
(TYPEORPRINTNAME)
}
/7
/‘/ g
(SIGNATURENW
/// . .\ - ..
.o HUAKA-xsl'l 4':
See Code of Civil Procedure section 367.5
and California Rules of Court, rule 3.670 to determine ifa conference,
hearing, or proceeding one generally considered appropriate for telephone appearance. Note that a court may
is
determine on a hearing-by-hearing basis that a personal appearance is required. (Code Civ. Proc., § 367.5(0).)
This form is intended only to provide written notice to a court and parties as provided in rule 3.670(h) of the CaIifomia
Rules of Court. Check with the court to determine how to make arrangements for telephone services for an
appearance either directly with the court or through a court-appointed vendor.
Read California Rules of Court, rule 3.670(h) to determine when you have to file and serve notice ofthe intent to appear
by telephone. There are different deadlines depending upon the circumstances:
(1) On a regularly noticed hearing. notice must be given at least two court days before the appearance (Cal. RuIes of
CourL rule 3.670(h)(1)(B)) or. after receiving notice that another party will be appearing teleph'onicarly, by noon on
the court day before the appearance (Cal. Rules of Court, rule 3.670(h)(2)).
(2) On an ex pane application notice must be given by an applicant by 10: 00 a m. two court days before the hearing
(Cal. Rules of Court rule 3 670(h) (3)(B )). Any party other than an applicant may give notice by 2. 00 p. m orthe
'close of business' (as that term is defined Jn rule 2. 251) whichever ls earlier' on the court day before an ex parte
appearance. (Cal. Rules of Court, rule 3.670(h)(4).)
Page 1 o! 1
Form Approved for Optional Use
‘
“dam“ mem- “67'5"
Jam Commmm NOTICE 0F INTENT To APPEAR BY TELEPHONE Ca]. Rutes of Coun. rule 3.670
CIV—020 [Rem January 1. 2016]
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1 6383 Arizona Circle
Los Angeles, CA 90045
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Phone: (888) 882-6878
ou rt a Fax: (838) 883-2946
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CourtCaILcorn
Court Conforante’ i5 a division of CourtCallr
CourtCaII Appearance - Service Copy
This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced
case. Others wishing t0 appear remotely should contact CourtCall, LLC at (888) 882—6878 or (310) 342-0888.
Andrew J. Mast
United States Department of Justice, Antitrust Division
Tel: (415) 934—5300
Fax= (415) 934-5399
Case Name: Capital Equity Mangement Group, Inc. vs. Swanger, Steven, et al
Case Number: 2023519
Court Name: Stanislaus County Superior Court (CA)
Dept/Judge: 21 [Judge Marie Silveira (CMC)
Proceeding: Case Management Conference
Date/Tlme: Monday, March 5th, 2018 at 3:00 PM PT
Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her
own arrangements with CourtCall.
While clients can save money and COURTCALL VIDEO IS HERE! The foregoing information may
Courts can become more efficient CourtCall is equipping Courtrooms have been obtained from court
and generate revenue, CourtCall of interested Judges with its records which may not reflect
has the most impact upon state~0f-the-art, browser-based recent calendar changes. 1f it is
practicing attorneys as it helps to video conferencing platform, inaccurate because your
give them their lives back. enabling full video participation for appearance has been continued,
Attorneys can use the time they traditional CourtCall Appearances. please apply this information t0
save using CourtCaIl to catch-up Lawyers only need a computer with the new date. If the matter is off
)fif.
on other pressing mgrg‘ers, ‘._1¢;nj0)§,"
_sufl“c1ent bandwidthjand a webcam calendar, you have >
no
time With family and friends oi' to' view and/or share video in involvement in the case 0r you do
otherwise take advantage 0f the accordance with a Judge's not wish to use this service,
time no longer spent traveling to preferences. To learn more about please disregard this notice. Do
and frorfi Court. Call us for video options, please ask a notcallthe CourtClerk.
d e t a i l s. T h e r e a r e n o CourtCall representative.
subscriptions or' equipment to
buy.
Our representatlves are available to make presentations for your firm, your clients, Bar Assbciations ui- ,
v
’
other groups. Please call to schedule a presentation. '
V
‘
2’13
Remote Appearances. Simplified.
CourtCalI Appearances are available for over 2,000 Judges nationwide, with additional Courts being added
monthly. Please visit our website at www.courtcall.com for a complete list of participating Courts and Judges
across the US, Canada and other jurisdictions.
F
Aimee Wightman ext. 259 SERVICE COPY FOR COURTCALL® APPEARANCE Copyright © 2018 CourtCall, LLC. All Rights Reserved.
'
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POS-040
ATTORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR N0: 284,070 FOR COURT USE ONLY
NAME: Andrew
Mast J.
FIRM NAME U.S. Department of Justice, Antitrust Division
STREETADDRESS: 450 Golden Gate Avenue, Room 10-0101
CITY: San Francisco STATE: CA mp cone: 94102
TELEPHONE No: 41 5-934-5300 FAX N0. : 415-934—5399
EMAILADDRESS: Andrew.Mast@usdoj.gov
A'lTORNEY FOR (name):
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Stanislaus
STREEr ADDRESS: 801 10th Street
MAILING ADDRESS:
cm AND zup CODE: Modest, California 9534
BRANCH NAME; City Towers Courthouse
CASE NUMBER
Plaintiff/Petitioner: Capital Equity Management Group. Inc. 2023519
Defendant/Respondent: Steven A. Swanger, et al.
JUDICIAL OFFICER:
PROOF OF SERVICE—CIVIL Judge Marie Silveira
Check method of service (only one):
E
E
By Personal Service
By Messenger Service E
By
By Fax
Mail E By Overnight Delivery giPARTMENT?
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
At the time of service | was over 18 years of age and not a party to this action.
MA
My residence or business address is:
450 Golden Gate Ave, 1O FL, San Francisco, CA 94102
3. E The fax number from which | served the documents is (complete if service was by fax):
4. On (date): February 23, 2018 served the following documents (specify):
I
Notice of Intent to Appear by Telephone; Proof 0f Service
5.
D
l
The documents are listed In the Attachment to Proof of Service—Civi.‘ (Documents Served) (form POS-040(D)).
served the documents on the person or persons below, as follows:
a. Name of person served: See attached list.
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E
b.
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(Complete ifserw‘ce was by persona! service,
‘Buéiness‘ or’residefifial address where person wa‘s’sewed:
mail, overnight delively, or messenger service.)
E
c. (Complete ifserw’ce was by
Fax number where person was served:
fax.)
E The names. addresses, and other applicable
Civil (Persons Served) (form POS-040(P)).
information about persons served Is on the Attachment to Proof of Service—
6. The documents were served by the f9llowing means (special):
E
a. By personal service.
party represented
personally delivered the documents to the persons at the addresses listed in item 5. (1) For a
|
by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge ofthe office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours 0f nine in the morning and five in the evening. (2) For
a party, delivery was made_to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and six in the evening.
Page 1 of 3
Form Approved for Optional
Judidal Council of California
Use
PROOF 0F SERVICE_ CIVI L Code o! Civil Procedure, §§ 101 1. 101 3, 101 33,
2015.5; CaL Rures o! Court. ruie 2.306
P034340 [Rem February 1. 2017] (Proof of Service) ww.courts.cagov
I“
‘
Pos-oéw‘
CASE NAME: CASE NUMBER:
Capital Equity Management Group, Inc. v Swanger, et al. 2023519
6. b.
D By United States mail. enclosed the documents
addresses in item 5 and (specify one):
| in a sealed envelope or package addressed to the persons at the
(1)
(2)
E
E
deposited the sealed envelope with the United States Postal Service, with the postage
placed the envelope for collection and mailing, following our ordinary business practices. am readily familiarwith this
fully
|
prepaid.
business's practice for collecting and processing correspondence for mailing. On the same day mat correspondence
is placed for collection and mailing. it is dep05ited in the ordinary course 0f business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
| am a resident or employed in the county where the mailing occurred. The envetope or package was placed in the mail at
(city and state):
c. By overnight delivery. enclose’d the documénts in an envelope or package provided by an overnight delivery carrier
|
and addressed to the persons at the addresses in item 5. placed the envelope or package for collection and overnight
I
delivery at an office or a regularly utilized drop box ofthe overnight deiivery carrier.
d. E By messenger service. sewed
the addresses listed
the documents by placing them in an envetope or package addressed to the persons at
in
|
and providing them to a professional messenger service for service. (A declaration by the
item 5
messenger must accompany this Proof of Service orbe contained in the Declaration of Messenger below.)
e. E] By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents
to the persons at the fax numbers listed in item 5‘ N0 error was reported by the fax machine that | used. A copy ofthe
record of the fax transmission. which | printed out. is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date: February 23, 2018
Julia
(lfifem
Cunningham
6d above
(TYPE
is
OR PRINT NAME OF DECLARAN'T)
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checked, the declaration below must be completed or a separate declaration from a messenger
’ kkMk’
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V (SIGNATURE OF E
u
RANT)
De attached.)
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DECLARATION OF MESSENGER
E By personal service. personally deliver'ed.the;enve[ope.;oanagkage [eceived rfromxthe declarant above‘tolhe‘persons at then
I
addresses listed in item 5. (1) For a party. represented by an attorney. delivery was made (a) to the attorney personally; or (b) by
I
leaving the documents at the attorney's office, in an envelope 0r package clearly labeled to identify the attorney being served,
with a receptionist 0r an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party. delivery was made t0 the party 0r by [eaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and six in the evening.
At the time of service. I was over 18 years of age. l am not a party to the above-referenced legal proceeding.
I served the envelope or package, as stated above, 0n (date):
l declare under penalty of perjury under the laws of the State of Callfomia that the foregoing is true and correct,
Date:
D
(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
P054340 [Rem February 1. 2017]
’
PROOF 0F SERV|CE_CIV[L Page 2 or 3
(Proof of Service)
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1
P053546
INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL
(This fnfonnation sheet is not part of the official proof of service form and does not need to be copied, served, or filed.)
USE 0F THIS FORM
This form is designed to be used to show proof of service of documents by (1) personal service, (2) mail, (3) overnight
delivery, (4) messenger service, or (5) fax.
This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose,
use Proof of Service of Summons (form POS-01 0).
Also, this proof 0f service form should not be used to show proof of electronic service. For that purpose, use Proof of
Electronic Service (form POS-OSO).
Certain documents must be personaily served. For example, an order t0 show cause and temporary restraining order
y
generally must be served by personal delivery. You must determine whether a document must be personally delivered 0r
‘
can be served by mail 0r another method.
GENERAL INSTRUCTIONS
A person must be over 18 years of age to serve the documents. The person who served the documents must complete
the Proof of Service. A party to the action cannot serve the documents.
The Proof 0f Service should be typed or printed. If you have Internet access, a fillabIe version of this proof of service form
is available at www. courts. cagov/forms. htm.
Complete the top section of the proof ofservice form as follows:
F irst box left side: ln this box print the name, address, and telephone number 0f the person for whom you served the
documents.
Second box left side: Print the name ofthe county in which the legal action is filed and the court's address in this box.
The address for the court should be the same as the address on the documents that you served.
Third box, Iefl side: Print the names of the plaintiff/petitioner and defendant/respondent in this box. Use the same names
as are on the documents that you served.
F ouflh box left side: Check the method of service that was used. You should check only one method of service and
should show proof of only one method on the form. If you served a party by several methods, use a separate form to show
each method of service.
First boxl top of form. riqht side: Leave this box blank for the court’s use.
ll
Second box, right side: Print the Case number in this box. The case number should be the same as the case number on
the documents that you served.
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Third box, right side: State the judge and department assigned to the case if known.
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1. You are stating that you are over the age of 18.
2 . Print your home or business address.
3. If service was by fax service, print the fax number from which service was made.
4. Listeach document that you served. If you need more space, check the box in item 4, complete the Attachment z‘o
Proof of Service—Civil (Documents Served) (form POS—040(D)), and attach it t0 form POS—O40.
Provide the names, addresses, and other applicable information about the persons served. If more than one person
was served, check the box on item 5, complete the Attachment to Proof of Service—Civil (Persons Served) (form
POS-040(P)), and attach it to form POS—040.
Check the box before the method of service that was used, and provide any additional information that is required.
The law may require that documents be served in a particular manner (such as by personal delivery) for certain
purposes. Service by fax generally requires the prior agreement of the parties.
You must sign énd date the proof of service form. By signing, you are stating under penalty of perjury that the
information that you have provided on form POS-040 is true and correct.
POSmo [Rev. February 1. 2017]
pROOF 0F SERVICE_C|VIL Page 3 013
(Proof of Service)
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Pos-o40(i=)'
SHORT TITLE: CASE NUM BE R:
CPMG v. Swanger et al.
'
2023519
ATTACHMENT TO PROOF, OF SERVICE—CIVIL (PERSONS SERVED)
(This attachment is for use with form POS-040.)
NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED:
Name of Person Served Where Served
(If the person served is an attorney, the party or parties (Provide business or residential address where service was made by
represented should also be stared.) personal service, mail, ovemfght delivery, or messenger service. For
service by fax, provide fax number.)
4
Michael J. Dyer, Dustin J. Dyer 5250 Claremonlt Avenue, Suite 119
Attorneys for Plaintiff Stockton, CA 95207 1
William Parish 1919 Grand Canal Blvd., Suite A5 2
Attorneys for Defendants Stockton, CA 95207
Bradly Benbrook 400 Capitol Mall, Suite 1610
Attorneys for Defendants Sacramento, CA 95814
Brunn & Flynn 928 12th St, Suite200
Attorneys for Defendant Mark Tillotson Modesto, CA 95354
'hfi‘aam " l“ I K .
ALHVn‘HAr-hfllv.“IJUMA mgu .gw
Form Approved for Optional
Judicial Council ofCalifomia
Use ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED) Page of
P050409) [Rev. February 1. 20171 (Proof of Service) wwwlcourrs.ca.gov
Preview
‘I ‘i x , . , ., . .‘ E. J ClV-020 ATrORNEY 0R PARTY \MTHOUT ATIORNEY: STATE BAR No: 284,070 0’; WEMWMN FILED \ FIRM NAME: U.S. DOJ- Antitrust Division STREEFADDRESS: 450 Golden Gate Ave, Room 10-0101 18 FEB 2 6 P“ [g1 q I CITY: San Francisco 94102-3478 STATE: CA ZIP CODE 94102 TELEPHONE No: 415-934-5300 FAX Novfifavailabfe): c -i M; r); TH? s-UPszzw (rnum EMAILADDRESS(iravanab/e): Andrew.Mast@usdoj.gov m‘ m1 Q‘F :17 Ah'.:;_z_;=u 'r‘ ATTORNEY FOR(name): lntervenor U.S. Dept of Justice, Antitrust Div. SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Stanislaus STREET ADDRESS: 801 10th Street MAILINGADDRESS: I crrv AND ZIP CODE: Modesto, California 95354 BRANCH NAME: City Towers Courthouse PLAINTIFFIPETITIONER: Capital Equity Management Group, Inc. DEFENDANT/RESPONDENTZ Steven A. Swanger' et a]. case NUMBER- NOTICE OF INTENT T0 APPEAR BY TELEPHONE 2023519 1. Party intending to appear by telephone is I:| Plaintiff/Petitioner(name): E Defendant/Respondent(name): Other (name): Intervenor, U.S. DOJ-Antitrust Div. 2. The conference, hearing, or proceeding is for (describe): Case Management Conference seton (date):March 5, 2018 at (time):3:00 PM in (departmeno: 21 before (name ofjudicial officer, if known): Date: Andrew February 23, 2018 J. Mast (TYPEORPRINTNAME) } /7 /‘/ g (SIGNATURENW /// . .\ - .. .o HUAKA-xsl'l 4': See Code of Civil Procedure section 367.5 and California Rules of Court, rule 3.670 to determine ifa conference, hearing, or proceeding one generally considered appropriate for telephone appearance. Note that a court may is determine on a hearing-by-hearing basis that a personal appearance is required. (Code Civ. Proc., § 367.5(0).) This form is intended only to provide written notice to a court and parties as provided in rule 3.670(h) of the CaIifomia Rules of Court. Check with the court to determine how to make arrangements for telephone services for an appearance either directly with the court or through a court-appointed vendor. Read California Rules of Court, rule 3.670(h) to determine when you have to file and serve notice ofthe intent to appear by telephone. There are different deadlines depending upon the circumstances: (1) On a regularly noticed hearing. notice must be given at least two court days before the appearance (Cal. RuIes of CourL rule 3.670(h)(1)(B)) or. after receiving notice that another party will be appearing teleph'onicarly, by noon on the court day before the appearance (Cal. Rules of Court, rule 3.670(h)(2)). (2) On an ex pane application notice must be given by an applicant by 10: 00 a m. two court days before the hearing (Cal. Rules of Court rule 3 670(h) (3)(B )). Any party other than an applicant may give notice by 2. 00 p. m orthe 'close of business' (as that term is defined Jn rule 2. 251) whichever ls earlier' on the court day before an ex parte appearance. (Cal. Rules of Court, rule 3.670(h)(4).) Page 1 o! 1 Form Approved for Optional Use ‘ “dam“ mem- “67'5" Jam Commmm NOTICE 0F INTENT To APPEAR BY TELEPHONE Ca]. Rutes of Coun. rule 3.670 CIV—020 [Rem January 1. 2016] ,- 7A. _ ! ./ ' 1 6383 Arizona Circle Los Angeles, CA 90045 o Phone: (888) 882-6878 ou rt a Fax: (838) 883-2946 . CourtCaILcorn Court Conforante’ i5 a division of CourtCallr CourtCaII Appearance - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing t0 appear remotely should contact CourtCall, LLC at (888) 882—6878 or (310) 342-0888. Andrew J. Mast United States Department of Justice, Antitrust Division Tel: (415) 934—5300 Fax= (415) 934-5399 Case Name: Capital Equity Mangement Group, Inc. vs. Swanger, Steven, et al Case Number: 2023519 Court Name: Stanislaus County Superior Court (CA) Dept/Judge: 21 [Judge Marie Silveira (CMC) Proceeding: Case Management Conference Date/Tlme: Monday, March 5th, 2018 at 3:00 PM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall. While clients can save money and COURTCALL VIDEO IS HERE! The foregoing information may Courts can become more efficient CourtCall is equipping Courtrooms have been obtained from court and generate revenue, CourtCall of interested Judges with its records which may not reflect has the most impact upon state~0f-the-art, browser-based recent calendar changes. 1f it is practicing attorneys as it helps to video conferencing platform, inaccurate because your give them their lives back. enabling full video participation for appearance has been continued, Attorneys can use the time they traditional CourtCall Appearances. please apply this information t0 save using CourtCaIl to catch-up Lawyers only need a computer with the new date. If the matter is off )fif. on other pressing mgrg‘ers, ‘._1¢;nj0)§," _sufl“c1ent bandwidthjand a webcam calendar, you have > no time With family and friends oi' to' view and/or share video in involvement in the case 0r you do otherwise take advantage 0f the accordance with a Judge's not wish to use this service, time no longer spent traveling to preferences. To learn more about please disregard this notice. Do and frorfi Court. Call us for video options, please ask a notcallthe CourtClerk. d e t a i l s. T h e r e a r e n o CourtCall representative. subscriptions or' equipment to buy. Our representatlves are available to make presentations for your firm, your clients, Bar Assbciations ui- , v ’ other groups. Please call to schedule a presentation. ' V ‘ 2’13 Remote Appearances. Simplified. CourtCalI Appearances are available for over 2,000 Judges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.com for a complete list of participating Courts and Judges across the US, Canada and other jurisdictions. F Aimee Wightman ext. 259 SERVICE COPY FOR COURTCALL® APPEARANCE Copyright © 2018 CourtCall, LLC. All Rights Reserved. ' ’ . POS-040 ATTORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR N0: 284,070 FOR COURT USE ONLY NAME: Andrew Mast J. FIRM NAME U.S. Department of Justice, Antitrust Division STREETADDRESS: 450 Golden Gate Avenue, Room 10-0101 CITY: San Francisco STATE: CA mp cone: 94102 TELEPHONE No: 41 5-934-5300 FAX N0. : 415-934—5399 EMAILADDRESS: Andrew.Mast@usdoj.gov A'lTORNEY FOR (name): SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Stanislaus STREEr ADDRESS: 801 10th Street MAILING ADDRESS: cm AND zup CODE: Modest, California 9534 BRANCH NAME; City Towers Courthouse CASE NUMBER Plaintiff/Petitioner: Capital Equity Management Group. Inc. 2023519 Defendant/Respondent: Steven A. Swanger, et al. JUDICIAL OFFICER: PROOF OF SERVICE—CIVIL Judge Marie Silveira Check method of service (only one): E E By Personal Service By Messenger Service E By By Fax Mail E By Overnight Delivery giPARTMENT? Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. At the time of service | was over 18 years of age and not a party to this action. MA My residence or business address is: 450 Golden Gate Ave, 1O FL, San Francisco, CA 94102 3. E The fax number from which | served the documents is (complete if service was by fax): 4. On (date): February 23, 2018 served the following documents (specify): I Notice of Intent to Appear by Telephone; Proof 0f Service 5. D l The documents are listed In the Attachment to Proof of Service—Civi.‘ (Documents Served) (form POS-040(D)). served the documents on the person or persons below, as follows: a. Name of person served: See attached list. U 7% E b. ‘< (Complete ifserw‘ce was by persona! service, ‘Buéiness‘ or’residefifial address where person wa‘s’sewed: mail, overnight delively, or messenger service.) E c. (Complete ifserw’ce was by Fax number where person was served: fax.) E The names. addresses, and other applicable Civil (Persons Served) (form POS-040(P)). information about persons served Is on the Attachment to Proof of Service— 6. The documents were served by the f9llowing means (special): E a. By personal service. party represented personally delivered the documents to the persons at the addresses listed in item 5. (1) For a | by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge ofthe office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours 0f nine in the morning and five in the evening. (2) For a party, delivery was made_to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. Page 1 of 3 Form Approved for Optional Judidal Council of California Use PROOF 0F SERVICE_ CIVI L Code o! Civil Procedure, §§ 101 1. 101 3, 101 33, 2015.5; CaL Rures o! Court. ruie 2.306 P034340 [Rem February 1. 2017] (Proof of Service) ww.courts.cagov I“ ‘ Pos-oéw‘ CASE NAME: CASE NUMBER: Capital Equity Management Group, Inc. v Swanger, et al. 2023519 6. b. D By United States mail. enclosed the documents addresses in item 5 and (specify one): | in a sealed envelope or package addressed to the persons at the (1) (2) E E deposited the sealed envelope with the United States Postal Service, with the postage placed the envelope for collection and mailing, following our ordinary business practices. am readily familiarwith this fully | prepaid. business's practice for collecting and processing correspondence for mailing. On the same day mat correspondence is placed for collection and mailing. it is dep05ited in the ordinary course 0f business with the United States Postal Service, in a sealed envelope with postage fully prepaid. | am a resident or employed in the county where the mailing occurred. The envetope or package was placed in the mail at (city and state): c. By overnight delivery. enclose’d the documénts in an envelope or package provided by an overnight delivery carrier | and addressed to the persons at the addresses in item 5. placed the envelope or package for collection and overnight I delivery at an office or a regularly utilized drop box ofthe overnight deiivery carrier. d. E By messenger service. sewed the addresses listed the documents by placing them in an envetope or package addressed to the persons at in | and providing them to a professional messenger service for service. (A declaration by the item 5 messenger must accompany this Proof of Service orbe contained in the Declaration of Messenger below.) e. E] By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 5‘ N0 error was reported by the fax machine that | used. A copy ofthe record of the fax transmission. which | printed out. is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: February 23, 2018 Julia (lfifem Cunningham 6d above (TYPE is OR PRINT NAME OF DECLARAN'T) I checked, the declaration below must be completed or a separate declaration from a messenger ’ kkMk’ 0 V (SIGNATURE OF E u RANT) De attached.) L DECLARATION OF MESSENGER E By personal service. personally deliver'ed.the;enve[ope.;oanagkage [eceived rfromxthe declarant above‘tolhe‘persons at then I addresses listed in item 5. (1) For a party. represented by an attorney. delivery was made (a) to the attorney personally; or (b) by I leaving the documents at the attorney's office, in an envelope 0r package clearly labeled to identify the attorney being served, with a receptionist 0r an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party. delivery was made t0 the party 0r by [eaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. At the time of service. I was over 18 years of age. l am not a party to the above-referenced legal proceeding. I served the envelope or package, as stated above, 0n (date): l declare under penalty of perjury under the laws of the State of Callfomia that the foregoing is true and correct, Date: D (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) P054340 [Rem February 1. 2017] ’ PROOF 0F SERV|CE_CIV[L Page 2 or 3 (Proof of Service) ; . “ t : 1 P053546 INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL (This fnfonnation sheet is not part of the official proof of service form and does not need to be copied, served, or filed.) USE 0F THIS FORM This form is designed to be used to show proof of service of documents by (1) personal service, (2) mail, (3) overnight delivery, (4) messenger service, or (5) fax. This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-01 0). Also, this proof 0f service form should not be used to show proof of electronic service. For that purpose, use Proof of Electronic Service (form POS-OSO). Certain documents must be personaily served. For example, an order t0 show cause and temporary restraining order y generally must be served by personal delivery. You must determine whether a document must be personally delivered 0r ‘ can be served by mail 0r another method. GENERAL INSTRUCTIONS A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. A party to the action cannot serve the documents. The Proof 0f Service should be typed or printed. If you have Internet access, a fillabIe version of this proof of service form is available at www. courts. cagov/forms. htm. Complete the top section of the proof ofservice form as follows: F irst box left side: ln this box print the name, address, and telephone number 0f the person for whom you served the documents. Second box left side: Print the name ofthe county in which the legal action is filed and the court's address in this box. The address for the court should be the same as the address on the documents that you served. Third box, Iefl side: Print the names of the plaintiff/petitioner and defendant/respondent in this box. Use the same names as are on the documents that you served. F ouflh box left side: Check the method of service that was used. You should check only one method of service and should show proof of only one method on the form. If you served a party by several methods, use a separate form to show each method of service. First boxl top of form. riqht side: Leave this box blank for the court’s use. ll Second box, right side: Print the Case number in this box. The case number should be the same as the case number on the documents that you served. ‘ a Third box, right side: State the judge and department assigned to the case if known. l'azzrscr umbrefielfzfingréfisambfinwnama Moacl . ml mmmmn ‘ ,r 1. You are stating that you are over the age of 18. 2 . Print your home or business address. 3. If service was by fax service, print the fax number from which service was made. 4. Listeach document that you served. If you need more space, check the box in item 4, complete the Attachment z‘o Proof of Service—Civil (Documents Served) (form POS—040(D)), and attach it t0 form POS—O40. Provide the names, addresses, and other applicable information about the persons served. If more than one person was served, check the box on item 5, complete the Attachment to Proof of Service—Civil (Persons Served) (form POS-040(P)), and attach it to form POS—040. Check the box before the method of service that was used, and provide any additional information that is required. The law may require that documents be served in a particular manner (such as by personal delivery) for certain purposes. Service by fax generally requires the prior agreement of the parties. You must sign énd date the proof of service form. By signing, you are stating under penalty of perjury that the information that you have provided on form POS-040 is true and correct. POSmo [Rev. February 1. 2017] pROOF 0F SERVICE_C|VIL Page 3 013 (Proof of Service) I a r I x u ‘ a Pos-o40(i=)' SHORT TITLE: CASE NUM BE R: CPMG v. Swanger et al. ' 2023519 ATTACHMENT TO PROOF, OF SERVICE—CIVIL (PERSONS SERVED) (This attachment is for use with form POS-040.) NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED: Name of Person Served Where Served (If the person served is an attorney, the party or parties (Provide business or residential address where service was made by represented should also be stared.) personal service, mail, ovemfght delivery, or messenger service. For service by fax, provide fax number.) 4 Michael J. Dyer, Dustin J. Dyer 5250 Claremonlt Avenue, Suite 119 Attorneys for Plaintiff Stockton, CA 95207 1 William Parish 1919 Grand Canal Blvd., Suite A5 2 Attorneys for Defendants Stockton, CA 95207 Bradly Benbrook 400 Capitol Mall, Suite 1610 Attorneys for Defendants Sacramento, CA 95814 Brunn & Flynn 928 12th St, Suite200 Attorneys for Defendant Mark Tillotson Modesto, CA 95354 'hfi‘aam " l“ I K . ALHVn‘HAr-hfllv.“IJUMA mgu .gw Form Approved for Optional Judicial Council ofCalifomia Use ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED) Page of P050409) [Rev. February 1. 20171 (Proof of Service) wwwlcourrs.ca.gov