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Case: 1:15-cv-01215 Doc #: 1 Filed: 06/16/15 1 of 18.

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IN THE UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
WIRELESS ENVIRONMENT, LLC
32333 Aurora Road, Suite 100
Solon, Ohio 44139
Plaintiff,
v.
HOOTOO.COM INC. (d/b/a Taotronics),
c/o Allen Fung, Statutory Agent
40424 Vogel Court
Fremont, California 94538
and
SUNVALLEYTEK INTERNATIONAL, INC.,
c/o Yingping Wang, Statutory Agent
371 Mindanao Drive
Redwood City, California 94065
Defendants.

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CASE NO.: 1:15-cv-1215


JUDGE

COMPLAINT

(JURY DEMAND ENDORSED


HEREON)

Plaintiff Wireless Environment, LLC (Wireless Environment), for its Complaint


against Defendants Hootoo.com, Inc. d/b/a Taotronics (Taotronics) and Sunvalleytek
International, Inc. (Sunvalleytek)(Sunvalleytek and Taotronics, collectively, the Defendants)
alleges the following:
THE PARTIES
1.

Wireless Environment is an Ohio Limited Liability Company.

2.

The members of Wireless Environment are citizens of the State of Ohio and

Maryland.

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3.

Taotronics is a California corporation with a principal place of business located at

2880 Zanker Road, Suite 203, San Jose, California, 95134.


4.

Taotronics is a citizen of the State of California.

5.

Sunvalleytek is a California corporation with a principal place of business located

at 2228 Junction Avenue, San Jose, California, 95131.


6.

Sunvalleytek is a citizen of the State of California.

7.

Upon information and belief, Taotronics is a subsidiary of Sunvalleytek and

Defendants are affiliated companies.


JURISDICTION AND VENUE
8.

This is a civil action against Defendants for patent infringement arising under the

patent laws of the United States, specifically 35 U.S.C. 271 and 35 U.S.C. 281; for trademark
infringement arising under the trademark laws of the United States, specifically, 15 U.S.C.
1125; for copyright infringement under the copyright laws of the United States, specifically 17
U.S.C. 501 et seq.; for deceptive trade practices; and for unfair competition.
9.

This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331,

as it involves a federal question; under 28 U.S.C. 1338(a), as it involves federal patent,


trademark, and copyright claims; and under 28 U.S.C. 1332, because the matter in controversy
exceeds $75,000.00 and is between citizens of different states.
10.

This Court also has supplemental jurisdiction under 28 USC 1367 over state law

claims that are related to the patent, trademark and copyright claims asserted in this Complaint
and that form part of the same case or controversy as a result.
11.

Venue in this judicial district is proper pursuant to 28 U.S.C. 1391(b)(2)

because a substantial part of the events or omissions giving rise to the claims occurred in this

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judicial district. Based upon information and belief and as described in more detail below,
Defendants are marketing, advertising, making, using, importing, selling and offering for sale a
product that infringes Wireless Environments patent and trademark rights and copyright in this
district and that is also causing harm to Wireless Environment in this district.
12.

This Court has personal jurisdiction over Defendants based on Defendants

transacting of business in the State of Ohio and its sufficient minimum contacts with the State of
Ohio. Specifically, Defendants are subject to personal jurisdiction in this judicial district under
Ohio Rev. Code 2307.382, because, among other things, Defendants: (1) upon information and
belief, transacted business in the State of Ohio through its sale of infringing products in Ohio,
including over the internet in Ohio and worldwide; (2) have caused injury to Wireless
Environment as a result of the acts complained of herein including, but not limited to, injury in
the form of lost product sales, price erosion of Wireless Environments products, and loss of
goodwill; and (3) are causing tortious injury to Wireless Environment in Ohio by acts outside of
Ohio, namely, by regularly soliciting business, engaging in persistent courses of conduct, and
deriving substantial revenue from its sales of the infringing products in Ohio.
WIRELESS ENVIRONMENTS PRODUCTS
13.

Wireless Environment has developed a number of convenient and affordable

wireless lighting solutions, including a line of indoor/outdoor portable light-emitting diode


(LED) products and fixtures.
14.

Some of Wireless Environments top-selling and most-recognizable LED

products are lighting products marketed under its Wireless EnvironmentTM and Mr. Beams
trademarks, including the Wireless EnvironmentTM Mr. Beams MB390TM UltraBright LED
Wireless Motion Sensor Spotlight (the Wireless Environment Spotlight) and the Wireless

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EnvironmentTM Mr. Beams MB720TM MotionSensor LED Stick Anywhere Nightlight (the
Wireless Environment Nightlight), both of which are depicted below:

f
4e

Wireless Environment
Spotlight

Wireless Environment
Nightlight

WIRELESS ENVIRONMENT AND ITS DESIGN PATENT


15.

Wireless Environment is the assignee and current owner of a design patent,

D729,956S (the Design Patent), of which the Wireless Environment Spotlight is an


embodiment.
16.

The Design Patent, entitled Spotlight, was issued May 19, 2015, and covers an

inventive, novel, and ornamental product design for a spotlight.


17.

A true and accurate copy of the Design Patent is attached hereto as Exhibit A, of

which Defendants have received actual notice.


DEFENDANTS INFRINGING SPOTLIGHT
18.

Defendants are competitors of Wireless Environment.

19.

Specifically, Defendants are marketing, advertising, making, using, importing,

selling and offering for sale, an LED spotlight, the LED Spotlight with PIR Motion Detection
and Photocell (the Taotronics Spotlight), which is substantially similar and virtually identical

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to, and infringes the inventive, ornamental, and novel design covered by the Design Patent, as
illustrated below:
Fig

F. 3

Fin. 2

Fig_ 4

Ft. 7

20.

Defendants are marketing, advertising, making, using, importing, selling, and

offering for sale the infringing Taotronics Spotlight throughout the United States, and in other
jurisdictions worldwide over the internet.

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21.

In the eye of an ordinary observer, giving such attention as a purchaser usually

gives, the patented design of the Design Patent and the design of the Taotronics Spotlight are
substantially the same and virtually identical, so as to deceive and induce the observer into
purchasing the Taotronics Spotlight, under the mistaken belief that it is the Wireless
Environment Spotlight.
22.

Viewed as a whole, consumers are confusing the product design of the Taotronics

Spotlight and the product design of the Wireless Environment Spotlight, both of which are
illustrated below:

Wireless
Environment
Spotlight
23.

Taotronics
Spotlight

The non-functional product design of the Wireless Environment Spotlight

obtained secondary meaning and consumers associate its unique, distinctive product design with
Wireless Environment.
24.

Among other reasons why the Wireless Environment Spotlights design obtained

secondary meaning, Wireless Environment has invested significant marketing and advertising
resources in connection with that product, which is featured on numerous websites, in catalogs
that are in circulation in over 70 million homes, and on Shop HQ, which has a viewership in
excess of 15 million households.
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25.

Among other reasons the design of the Wireless Environment Spotlight obtained

secondary meaning, Wireless Environment has enjoyed significant sales of that product
throughout the United States, as well as in Europe and in Asia.
26.

Wireless Environment began selling the Wireless Environment Spotlight well

prior to Defendants sale of the Taotronics Spotlight, and, as a result, has priority over the
design.
27.

The substantial similarities between the design of the Taotronics Spotlight and the

design of the Wireless Environment Spotlight are causing consumers to confuse, mistake, or to
be deceived about an affiliation, connection, or association between Defendants and Wireless
Environment and their respective products.
28.

The substantial similarities between the design of the Taotronics Spotlight and the

design of the Wireless Environment Spotlight are causing consumers to be deceived as to the
origin of the Wireless Environment Spotlight, as well as Wireless Environments sponsorship, or
approval of the Taotronics Spotlight.
29.

Defendants infringement of the design of the Wireless Environment Spotlight is

willful and deceptive, as the Taotronics Spotlight is intended to copy Wireless Environments
product design, causing irreparable harm to Wireless Environment and further demonstrating
acquired distinctiveness in Wireless Environments product design.
DEFENDANTS INFRINGING NIGHTLIGHT
30.

The non-functional product design of the Wireless Environment Nightlight also

obtained secondary meaning and consumers also associate its unique, distinctive design with
Wireless Environment.

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31.

Among other reasons why the Wireless Environment Nightlights design obtained

secondary meaning, Wireless Environment has invested significant marketing and advertising
resources in connection with that product, which is featured on numerous websites, in catalogs
that are in circulation in over 70 million homes, and on Shop HQ, which has a viewership in
excess of 15 million households.
32.

Among other reasons the design of the Wireless Environment Nightlight obtained

secondary meaning, Wireless Environment has enjoyed significant sales of that product
throughout the United States, as well as in Europe and in Asia.
33.

Defendants are currently marketing, advertising, and selling the TT-NL001

Battery-Powered Motion Sensor LED Nightlight - Portable Wide-angled Illumination Night


Lamp nightlight (the Taotronics Nightlight)(the Taotronics Spotlight and the Taotronics
Nightlight collectively, the Infringing Products).
34.

The Taotronics Nightlight is virtually identical in design to the unique,

distinctive design of the Wireless Environment Nightlight:

Wireless
Environment
Nightlight
35.

Taotronics
Nightlight

Wireless Environment began selling the Wireless Environment Nightlight at least

as early as 2009, years prior to Defendants sale of the Taotronics Nightlight, and, as a result, has
priority over the design.
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36.

The substantial similarities between the design of the Taotronics Nightlight and

the design of the Wireless Environment Nightlight are causing consumers to confuse, mistake, or
to be deceived about an affiliation, connection, or association between Defendants and Wireless
Environment and their respective products.
37.

The substantial similarities between the design of the Taotronics Nightlight and

the design of the Wireless Environment Nightlight are causing consumers to confuse, mistake, or
to be deceived as to the origin of the Wireless Environment Nightlight, as well as Wireless
Environments sponsorship, or approval of the Taotronics Nightlight.
38.

Defendants infringement of the Wireless Environment Nightlight is willful and

deceptive as the Taotronics Nightlight is intended to copy Wireless Environments product


design, causing irreparable harm to Wireless Environment and further demonstrating acquired
distinctiveness in Wireless Environments product design.
39.

As a result of Defendants sale of the Taotronics Nightlight, Wireless

Environment is suffering the loss of goodwill with consumers in its product design, lost sales,
price erosion of the Wireless Environment products, among other types of harm.
DEFENDANTS COPYRIGHT INFRINGEMENT
40.

The Wireless Environment Spotlight and the Wireless Environment Nightlight

include instruction guides that Wireless Environment created and authored (the Instruction
Guides) and that are attached as Exhibit B.
41.

Wireless Environment has registered the copyrights in its Instruction Guide for

the Wireless Environment Spotlight and Wireless Environment Nightlight with the U.S.
Copyright Office and has obtained registration certificates for them, effective on February 3,
2015 and that are attached as Exhibits C and D, respectively.

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42.

The Instruction Guides have value and have been created and produced at

Wireless Environments expense.


43.

The instruction guides enclosed with each of Defendants Infringing Products, the

front covers of which are attached as Exhibit E, contain exact and near-exact copies of
illustrations found in the Instruction Guides, in violation of Wireless Environments copyright
and as depicted below:
Modatiroprpm.

Instruction Guide to the Wireless Environment


Spotlight

(i)

Instruction Guide to the Taotronics Spotlight

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L 11N LI U
IlLstration 4

IAN :

Instruction Guide to the Wireless Environment Nightlight

Instruction Guide to the Taotronics Nightlight

COUNT ONE
(Infringement of U.S. Patent No. D729, 965 S)
44.

Wireless Environment hereby incorporates each and every paragraph set forth

above as if fully rewritten herein.


45.

Wireless Environment owns the Design Patent.


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46.

Defendants are infringing the Design Patent by, among other things, making,

using, importing into the United States, selling, and offering to sell, the Taotronics Spotlight,
which is virtually identical in appearance and design as the inventive, novel, and ornamental
design claimed in the Design Patent.
47.

As a result of Defendants infringement of the Design Patent, Wireless

Environment has suffered, and will continue to suffer irreparable harm, unless Defendants
infringing activities are enjoined.
48.

Wireless Environment has no adequate remedy at law for Defendants

infringement.
49.

Wireless Environment has also suffered monetary damages.

50.

Having notice of the Design Patent, Defendants infringement is willful and

intentional, making this an exceptional case and justifying the imposition of treble damages and
an award of reasonable attorneys fees pursuant to the provisions of 35 U.S.C. 284 and 285.
COUNT TWO
(Trade Dress Infringement)
51.

Wireless Environment hereby incorporates each and every paragraph set forth

above as if fully rewritten herein.


52.

By selling the Infringing Products, Defendants are infringing Wireless

Environments trade dress rights, namely, the distinctive product designs of the Wireless
Environment Spotlight and the Wireless Environment Nightlight.
53.

Consumers are confusing the Taotronics Spotlights design with the Wireless

Environment Spotlights design because they are virtually identical in appearance.


54.

Consumers are further confusing the Taotronics Nightlights design with the

Wireless Environment Nightlights design because they are virtually identical in appearance.
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55.

Defendants marketing, advertising, and sale of the Infringing Products is causing

consumers and the general public to erroneously believe that Wireless Environment is the origin
of, sponsors, and approves those products and that the Infringing Products are the same products
as the Wireless Environment Spotlight and the Wireless Environment Nightlight.
56.

Defendants marketing, advertising, and sale of the Infringing Products is a

violation of the Lanham Act, 15 U.S.C. 1125.


57.

As a result of Defendants infringement of Wireless Environments rights to trade

dress in its product designs, Wireless Environment is suffering irreparable harm, including, but
not limited to, the loss of goodwill it has built with consumers through its own marketing,
advertising and sale of the Wireless Environment Spotlight and the Wireless Environment
Nightlight, among other irreparable harm.
58.

Wireless Environment has no adequate remedy at law for Defendants actions,

entitling it to injunctive relief.


59.

Defendants infringing activities are willful and intentional, making this an

exceptional case and justifying the imposition of treble damages pursuant to 15 U.S.C. 1117.
60.

Wireless Environment is also entitled to recover monetary damages, including,

but not limited to Defendants profits, actual damages, costs, and treble damages.
COUNT THREE
(Violation of Copyright Act)
61.

Wireless Environment hereby incorporates each and every paragraph set forth

above as if fully rewritten herein.


62.

Wireless Environment owns exclusive copyright to the Instruction Guides of the

Wireless Environment Spotlight and the Wireless Environment Nightlight and the illustrations in
those Instruction Guides.
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63.

Without permission or consent from Wireless Environment, Defendants are

copying, distributing, and using Wireless Environments copyrighted illustrations in its


instruction guides for Defendants own products, violating Wireless Environments exclusive
rights:
(a)

To reproduce the copyrighted work in copies;

(b)

To prepare derivative works based upon the copyrighted work; and

(c)

To distribute copies of the copyrighted work to the public.

64.

Defendants acts of copyright infringement are willful and intentional.

65.

As a result of Defendants infringement of Wireless Environments exclusive

rights under copyright, Wireless Environment is entitled to actual damages and additional relief
pursuant to 17 U.S.C. 504 and 17 U.S.C. 505, as applicable.
66.

Defendants conduct is causing, and unless enjoined and restrained by this Court,

will continue to cause, Wireless Environment irreparable harm, for which it has no adequate
remedy at law.
67.

Pursuant to 17 U.S.C. 502 and 503, Wireless Environment is also entitled to

injunctive relief prohibiting Defendants from further infringing its copyright and ordering that
they destroy all infringing instruction guides made in violation of Wireless Environments
copyright.
COUNT FOUR
(Violations of Ohio Deceptive Trade Practices Act)
68.

Wireless Environment hereby incorporates each and every paragraph set forth

above as if fully rewritten herein.

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69.

Through their sale of the Infringing Products with designs that are being confused

with the unique, distinctive design of the Wireless Environment Spotlight and the Wireless
Environment Nightlight, Defendants are violating Ohios Deceptive Trade Practice Act:

By creating confusion and misunderstanding as to the source, sponsorship,


approval, and certification of the Infringing Products, namely, that Wireless
Environment is the source of, sponsors, approves, and certifies those products;
and,

By creating confusion and misunderstanding as to their affiliation, connection,


and association with Wireless Environment, the Wireless Environment Spotlight,
and the Wireless Environment Nightlight.
70.

Defendants willful and deceptive actions are influencing consumers purchasing

decisions.
71.

As a result of Defendants deceptive trade practices, Wireless Environment is

suffering irreparable harm to the goodwill it has built with consumers through its own marketing,
advertising and sale of its Wireless Environment Spotlight and the Wireless Environment
Nightlight, among other irreparable harm.
72.

Wireless Environment has no adequate remedy at law for Defendants actions,

entitling it to injunctive relief.


73.

Wireless Environment is also entitled to recover monetary damages as a result of

Defendants actions.
COUNT FIVE
(Common Law Unfair Competition)
74.

Wireless Environment hereby incorporates each and every paragraph set forth

above as if fully rewritten herein.

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75.

By marketing, advertising, and selling the Taotronics Spotlight, Defendants are

acting with the purpose and intent to deceive consumers into believing that the Taotronics
Spotlight is the Wireless Environment Spotlight.
76.

By marketing, advertising, and selling the Taotronics Nightlight, Defendants are

acting with the purpose and intent to deceive consumers into believing that the Taotronics
Nightlight is the Wireless Environment Nightlight.
77.

By marketing, advertising, and selling the Infringing Products and, furthermore,

violating Wireless Environments copyright to illustrations in the Instruction Guides, Defendants


intend to harm and are, in fact, harming Wireless Environments business.
78.

As a result of Defendants unfairly competitive activities, Wireless Environment

has been damaged and will continue to be damaged unless Defendants are enjoined from
advertising and selling the Infringing Products.
79.

Wireless Environment is also entitled to recover monetary damages as a result of

Defendants actions.
WHEREFORE, Wireless Environment respectfully seeks the following relief against
Defendants as follows:
As to Count I:

Judgment that Defendants conduct infringes Wireless Environments


patent rights in the Design Patent, in violation of 35 U.S.C. 271;

Monetary damages in excess of $75,000 and in an amount to be proven at


trial, in the form of lost profits or, in the alternative, a reasonable royalty
based upon Defendants sales;

Treble damages as a result of the willful and deliberate nature of


Defendants infringement, in accordance with 35 U.S.C. 284; and,

Attorneys fees, in accordance with 35 U.S.C. 285.


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As to Count II:

Judgment that Defendants conduct violates Wireless Environments trade


dress rights, in violation of 15 U.S.C. 1125; and,

Damages in excess of $75,000 and in an amount to be proven at trial, in


the form of Defendants profits, actual damages suffered by Wireless
Environment, compensation for corrective advertising and attorneys fees,
in accordance with 15 U.S.C. 1117.

As to Counts III-V:
Actual damages in an amount to be determined at trial and attorneys fees.
As to All Counts:

A preliminary, mandatory, and permanent injunction enjoining, restraining


and ordering Defendants, and their respective officers, agents, servants,
employees, attorneys, and other persons who are in active concert or
participation with them:
a. To cease advertising, promoting, making, using, offering to sell,
selling, and/or importing Defendants Infringing Products, and any
other product that is substantially the same as, or confusingly similar
in appearance to the Design Patents design, the Wireless Environment
Spotlight, and/or the Wireless Environment Nightlight;
b. To deliver and destroy all inventory of, and all literature,
advertisements, and other materials displaying, the Infringing Products
or any product that is substantially the same as, or confusingly similar
in appearance to the Wireless Environment Spotlight and/or the
Wireless Environment Nightlight;
c. To cease using the illustrations and any other language, illustrations, or
material in the Instruction Guides for the Wireless Environment
Spotlight, the Wireless Environment Nightlight, and any other
instruction guides and ordering that Defendants destroy all infringing
guides made in violation of Wireless Environments copyright.

Attorneys fees, pre-judgment interest, and post-judgment interest; and,

For all other relief as this Court may deem just and proper.

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JURY DEMAND
Wireless Environment demands a trial by jury as to all issues so triable.
/s/: Philip R. Bautista
Philip R. Bautista (0073272)
pbautista@taftlaw.com
Michael H. Diamant (0000119)
mdiamant@taftlaw.com
Amelia J. Workman Farago (0080260)
afarago@taftlaw.com
Julie A. Crocker (0081231)
jcrocker@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP
200 Public Square, Suite 3500
Cleveland, OH 44114-2302
Phone: (216) 241-2838
Fax: (216) 241-3707
Attorneys for Plaintiff Wireless
Environment, LLC

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EXHIBIT A

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Wireless UltraBright Spotlight
Item MB390

Wireless Environment
32111 Aurora Rd, #8
Solon, OH 44139
877.298.9082
www.mrbeams.com

Mounting
Base

LED Lights

Motion
Sensor

Thank you for purchasing the Mr. Beams Wireless UltraBright Spotlight. We are committed to
eliminating darkness by using the latest in lightemitting diodes (LEDs). LEDs are the most efficient and durable light sources available. We are
certain that your Wireless UltraBright Spotlight will
contribute to a safer environment and provide light
where you need it at a very reasonable cost.
ENCLOSED YOU WILL FIND:
Wireless UltraBright Spotlight
Mounting Base
3 Screws and 3 Anchors
BEFORE YOU MOUNT YOUR SPOTLIGHT
Illustration 1

Illustration 2

ULTRABRIGHT SPOTLIGHT FEATURES

WARNING
Use only new alkaline D-Cell batteries
with 1.5V rating. Do not mix old and
Motion Activated Spotlight turns on automatically
new batteries. If batteries are not new,
when motion is detected.
it may cause the light to malfunction.
Auto Shut-OffSpotlight shuts off automatically

Install batteries with polarity in correct


after 30 seconds if no motion is detected.
position.
Light Sensor Wireless Spotlight goes on only in
If your spotlight will not turn off, that
darkness to conserve battery life.
means it is time to replace the
batteries.

INSTALLATION INSTRUCTIONS
Illustration 3

Illustration 4

Illustration 5

Important!

1. Remove front cover of Spotlight by rotating


counter-clockwise as shown in Illustration 1 ..
Pull face out from cup to reveal attached battery
holder. Separate two parts by squeezing tabs and
pulling apart (Illustration 2).

2. Insert 4 D-Cell Batteries into Spotlight


as shown in Illustration 3. Attach battery
holder by aligning the grooves on the side
and snapping both sides two tabs on the
inside of the holder (Illustration 4).

3. Align grooves and arrow to insert battery holder.


(Illustration 5). Turn front cover clockwise as far as
it will go. Make sure unit is securely closed with arrow pointing at the lock symbol to ensure weatherproof seal is tight. Not fully tightening these two
parts may allow water leaks.

NOTES: Light sensor only allows Spotlight to activate in darkness. We recommend testing in a dark room or closet. When your Spotlight

will not turn off, that means it is time to replace batteries.


MOUNTING YOUR SPOTLIGHT
Illustration 6

Illustration 7

Remove Mounting Base by turning thumbscrew counter-clockwise as shown in Illustration 6. Pull Mounting Base off stem of Light.

Illustration 8

Insert Spotlight back into Mounting Base


pointed in the desired direction as shown in
Illustration 8.

Drive three screws into three holes to mount


the Mounting Base (Illustration 7). For best
results, drill pilot holes first and insert anchors.

Illustration 9

Illustration 10

To pivot Spot;ight Up and Down, loosen larger


thumbscrew in the joint of the Spotlight stem and
adjust Spotlight Head to proper direction as shown
in Illustration 9 and Illustraion 10. Tighten
thumbscrew.

LIMITED WARRANTY
The product you have purchased is guaranteed against defects in workmanship and materials for the period stated on the package. Warranties implied by
law are subject to the same time period limitation. Some states do not allow limitations on how long an implied warranty lasts, so this time limitation may
not apply to you. If the product fails due to a manufacturing defect during normal use, return the product and dated sales receipt to the store where purchased for replacement OR send the product and the dated sales receipt to the address above. Not Covered Batteries are not covered by this warranty.
Repair service, adjustment and calibration due to misuse, abuse or negligence are not covered by this warranty. Unauthorized service or modification to this
product or of any furnished components will void this warranty in its entirety. This warranty does not include reimbursement for inconvenience, installation,
set-up time, loss of use, postage, unauthorized service, or other products used in conjunction with, but are not supplied by, Wireless Environment.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

EXHIBIT B

Case: 1:15-cv-01215 Doc #: 1-2 Filed: 06/16/15 2 of 2. PageID #: 35


Stick Anywhere Night Light Item MB720 / 723

Mr. Beams
32111 Aurora Rd #8.
Solon, OH 44139
877.298.9082
www.mrbeams.com

INSTRUCTION GUIDE
Motion-Sensor
LED

STICK ANYWHERE NIGHT LIGHT


ENCLOSED YOU WILL FIND:
Stick Anywhere Night Light
Mounting Bracket
2 Screws and Double-Sided Tape

MB720 SA LIGHT FEATURES


Motion Sensor Activated Your SA Light
has a sensitive motion sensor that will activate the LED only when motion is detected.
Light shuts off automatically after no motion
is detected for 30 seconds.
Light Sensor Your SA Light goes on only
in darkness to conserve battery life.
Mount to Wall Options Use 2 screws or
tape (included) to mount your SA Light to
the wall.

WARNING
Use only new alkaline AA-Cell batteries
with 1.5V rating. Do not mix old and
new batteries. Install batteries with
polarity in correct position.
Note that this is a strong adhesive
tape and may cause damage to paint,
wallpaper, or surface underneath if
removed.
Light takes approximately 10 seconds to
activate once batteries are inserted.
If light stays on constantly, its time to
change the batteries!

INSTALLATION INSTRUCTIONS
BEFORE YOU MOUNT YOUR SA LIGHT:
Illustration 1

Remove Mounting Bracket


from back of SA Light. Remove battery door of SA Light
by removing 2 thumb screws as
shown in Illustration 1.

Illustration 2

Insert 4 Fresh AA batteries as


shown in Illustration 2.
Close battery door.

MOUNTING WITH TAPEINDOOR ONLY:


Illustration 3(Indoor Use Only)

Attach double-sided tape (included)


to back of mounting bracket as
shown in Illustration 3.

Illustration 4

Attach Mounting Bracket to Wall.


Attach SA Light to Mounting
Bracket as shown in Illustration 4.

MOUNTING WITH SCREWSINDOOR OR OUTDOOR:


Determine location for mounting SA
Light. Drive screws (included)
through holes of Mounting Bracket
to secure. Attach SA Light as
shown in Illustration 5.

IMPORTANT NOTES:
Please use only new alkaline AA batteries with 1.5V
Do not mix old and new batteries.
Install batteries with polarity in correct position as shown.
Stick Anywhere Night Light will activate in fairly dark spaces. Test in a dark closet or bathroom.
LIMITED WARRANTY
The product you have purchased is guaranteed against defects in workmanship and materials for the period stated on the package. Warranties implied by
law are subject to the same time period limitation. Some states do not allow limitations on how long an implied warranty lasts, so this time limitation may
not apply to you. If the product fails due to a manufacturing defect during normal use, return the product and dated sales receipt to the store where purchased for replacement OR send the product and the dated sales receipt to the address above. Not Covered Batteries are not covered by this warranty.
Repair service, adjustment and calibration due to misuse, abuse or negligence are not covered by this warranty. Unauthorized service or modification to this
product or of any furnished components will void this warranty in its entirety. This warranty does not include reimbursement for inconvenience, installation,
set-up time, loss of use, postage, unauthorized service, or other products used in conjunction with, but are not supplied by, Wireless Environment.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Case: 1:15-cv-01215 Doc #: 1-3 Filed: 06/16/15 1 of 3. PageID #: 36

EXHIBIT C

Case: 1:15-cv-01215 Doc #: 1-3 Filed: 06/16/15 2 of 3. PageID #: 37

Case: 1:15-cv-01215 Doc #: 1-3 Filed: 06/16/15 3 of 3. PageID #: 38

Case: 1:15-cv-01215 Doc #: 1-4 Filed: 06/16/15 1 of 3. PageID #: 39

EXHIBIT D

Case: 1:15-cv-01215 Doc #: 1-4 Filed: 06/16/15 2 of 3. PageID #: 40

Case: 1:15-cv-01215 Doc #: 1-4 Filed: 06/16/15 3 of 3. PageID #: 41

Case: 1:15-cv-01215 Doc #: 1-5 Filed: 06/16/15 1 of 1. PageID #: 42

EXHIBIT E

Case: 1:15-cv-01215 Doc #: 1-6 Filed: 06/16/15 1 of 3. PageID #: 43

JS 44 (Rev. 12/12)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Wireless Environment, LLC


32333 Aurora Road, Suite 100
Solon, Ohio 11439

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Cuyahoga

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

Santa Clara County, CA

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Philip R. Bautista, Julie A. Crocker, Amelia J. Workman Farago, Michael H. Diamant


Taft Stettinius & Hollister, LLP
200 Public Square, Suite 3500
Cleveland, Ohio 44114
Phone: 216-241-2838

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271; 35 U.S.C. 281; 15 U.S.C. 1125; 17 U.S.C. 501 and 28 U.S.C. 1332.

VI. CAUSE OF ACTION Brief description of cause:

Seeking damages and injunctive relief for patent infringement under 35 U.S.C. 271 and 35 U.S.C. 281; for trademark infringement under 15 U.S.C. 1125; for copyright
infringement under 17 U.S.C. 501 et seq. ; for deceptive trade practices; and for unfair competition.

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $
in excess of $75,000

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

06/16/2015

/s/ Philip R. Bautista

FOR OFFICE USE ONLY


RECEIPT #

AMOUNT

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JUDGE

MAG. JUDGE

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Case: 1:15-cv-01215 Doc #: 1-6 Filed: 06/16/15 2 of 3. PageID #: 44

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
I.

Civil Categories: (Please check one category only).

1.
2.
3.

General Civil
Administrative Review/Social Security
Habeas Corpus Death Penalty

*If under Title 28, 2255, name the SENTENCING JUDGE:


CASE NUMBER:

II.

RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
This action is

RELATED to another PENDING civil case. This action is

REFILED pursuant to LR 3.1.

If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

III.

In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1)
Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district.
Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY:
(2)

(3)

Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY: Cuyahoga

IV.

The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.
EASTERN DIVISION
AKRON
CLEVELAND
YOUNGSTOWN

(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)


(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)
(Counties: Columbiana, Mahoning and Trumbull)

WESTERN DIVISION
TOLEDO

(Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,


Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWert, Williams, Wood and Wyandot)

JS 44 Reverse (Rev. 12/12)

Case: 1:15-cv-01215 Doc #: 1-6 Filed: 06/16/15 3 of 3. PageID #: 45

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case: 1:15-cv-01215 Doc #: 1-7 Filed: 06/16/15 1 of 2. PageID #: 46


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

Northern
District
Ohio
__________
District
ofof
__________
Wireless Environment, LLC
Plaintiff

v.
SUNVALLEYTEK INTERNATIONAL, INC., et al.
Defendant

)
)
)
)
)
)
)

Civil Action No. 1:15-cv-1215

SUMMONS IN A CIVIL ACTION


To: (Defendants name and address)

A lawsuit has been filed against you.


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Philip R. Bautista
Julie A. Crocker
Amelia J. Workman Farago
Michael H. Diamant
TAFT STETTINIUS & HOLLISTER, LLP
200 Public Square, Suite 3500
Cleveland, Ohio 44114

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case: 1:15-cv-01215 Doc #: 1-7 Filed: 06/16/15 2 of 2. PageID #: 47


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 1:15-cv-1215


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

I personally served the summons on the individual at (place)


on (date)

; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individuals last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)


on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

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Case: 1:15-cv-01215 Doc #: 1-8 Filed: 06/16/15 1 of 2. PageID #: 48


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

Northern
District
Ohio
__________
District
ofof
__________
Wireless Environment, LLC
Plaintiff

v.
SUNVALLEYTEK INTERNATIONAL, INC., et al.
Defendant

)
)
)
)
)
)
)

Civil Action No. 1:15-cv-1215

SUMMONS IN A CIVIL ACTION


To: (Defendants name and address)

A lawsuit has been filed against you.


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Philip R. Bautista
Julie A. Crocker
Amelia J. Workman Farago
Michael H. Diamant
TAFT STETTINIUS & HOLLISTER, LLP
200 Public Square, Suite 3500
Cleveland, Ohio 44114

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case: 1:15-cv-01215 Doc #: 1-8 Filed: 06/16/15 2 of 2. PageID #: 49


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 1:15-cv-1215


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

I personally served the summons on the individual at (place)


on (date)

; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individuals last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)


on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

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