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Case 1:21-cv-00733-JRS-TAB Document 12-1 Filed 04/29/21 Page 1 of 2 PageID #: 129

IN THE UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF INDIANA

DELTA FAUCET COMPANY :


: Case No: 1:21-cv-00733-JRS-TAB
Plaintiffs, :
:
v. :
:
DMITRII IAKOVLEV and :
JOHN DOES 1-10 :
:
Defendants. :

DECLARATION OF MARTHA BREWER MOTLEY IN SUPPORT OF REQUEST FOR ENTRY


OF DEFAULT BY CLERK AS TO DEFENDANT IAKOVLEV

I, Martha Brewer Motley, declare as follows:


1. My name is Martha Brewer Motley. I am a member in good standing of the State

Bar of Ohio and a partner at the law firm of Vorys, Sater, Seymour & Pease LLP. I am one of

the counsel for Plaintiff Delta Faucet Company (“Delta”) in this action.

2. I make this declaration in connection with Delta’s Request for Entry of Default. I

have personal knowledge of the facts in this Declaration and, if called as a witness, could and

would testify to such facts under oath.

3. Delta filed this action on March 25, 2021. ECF 1.

4. On April 7, 2021, this Court granted Delta’s motion for leave to serve Defendant

Dmitrii Iakovlev (“Iakovlev”) by email and through Amazon’s Message Center. ECF 10.

5. On April 7, 2021, I served Iakovlev by email and Amazon’s messaging system

in accordance with the Court’s order. Both messages were transmitted and did not “bounce

back.” ECF 11.

6. Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), Iakovlev was required to serve an

answer within 21 days of being served with the summons and complaint. Thus, Iakovlev had

until April 28, 2021 to respond to the summons.

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Case 1:21-cv-00733-JRS-TAB Document 12-1 Filed 04/29/21 Page 2 of 2 PageID #: 130

7. As of April 29, 2021, Iakovlev has not responded to the summons. See Docket.

Thus, Iakovlev has failed to plead or otherwise defend this action as provided by Federal Rule of

Civil Procedure 55(a).

8. To the best of my knowledge and belief, Iakovlev is not a minor person,

incompetent person, or person who serves in the military.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on April 29, 2021.

Martha Brewer Motley

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