FILED: NEW YORK COUNTY CLERK 11/01/ :57 PM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/01/2016

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1 FILED: NEW YORK COUNTY CLERK 11/01/ :57 PM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/01/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JEREMY WIESEN, Index No: / against - Plaintiff, AFFIRMATION IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT VERIZON COMMUNICATIONS INC. Defendant. I, Collin J. Cox, swear under penalty of perjury: 1. I am a partner at Yetter Coleman LLP, attorneys for the plaintiff in the above-titled action, Jeremy Wiesen. I make this affirmation in support of Wiesen s application for a default judgment against defendant Verizon Communications Inc. FILING OF THE SUMMONS AND COMPLAINT 2. On September 19, 2016, Wiesen filed his summons and complaint in this action in this Court. I have attached as Exhibit A to this affirmation a true and correct copy of Wiesen s complaint. DEFAULT ON DEFENDANT VERIZON COMMUNICATIONS INC. 3. On September 20, 2016, the summons and complaint in this action were served on defendant Verizon Communications Inc. c/o C.T. Corporation Systems, Registered Agent, at 111 Eight Avenue, 13th Floor, New York, New York 10011, by personally delivering and leaving true copies of the same with Nora Dindyal, a Process Specialist, who stated that she is authorized to accept service on behalf of Verizon Communications Inc. A true and correct copy of the Affidavit of Service on defendant Verizon Communications Inc. is attached hereto as Exhibit B of 32

2 4. The deadline for defendant Verizon Communications Inc. to answer or move with respect to the complaint October 10, 2016 has expired, and defendant Verizon Communications Inc. has not answered or moved with respect to the complaint. 5. Defendant Verizon Communications Inc. s time to respond to the complaint has not been extended, and Verizon Communications Inc. is now in default in pleading. PLAINTIFF S APPLICATION TO THE COURT FOR DEFAULT JUDGMENT WHEREFORE, plaintiff respectfully requests that this Court enter judgment against defendant as to liability. Plaintiff further respectfully requests that, on a later date to be specified by the Court, an inquest in this matter be held solely concerning the issue of damages, and that before such inquest, plaintiff may take such discovery as is reasonably necessary to prove the amount of such damages at the inquest of 32

3 Dated: New York, New York YETTER COLEMAN LLP November 1, 2016 By: R. Paul Yetter (pro hac vice forthcoming) Collin J. Cox New York Bar No Chris D. Porter (pro hac vice forthcoming) Richard B. Farrer (pro hac vice forthcoming) Wyatt J. Dowling (pro hac vice forthcoming) 909 Fannin, Suite 3600 Houston, Texas (713) (713) (Fax) Counsel for Plaintiff Jeremy Wiesen of 32

4 Exhibit A 4 of 32

5 INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION JEREMY WIESEN, Plaintiff, - against - VERIZON COMMUNICATIONS INC. Defendants. Index No. SUMMONS Plaintiff designates New York County as the place of trial. The basis of venue is Defendant's principal office. To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, a copy of which is hereby served upon you, and to serve copies of your answer on the undersigned, attorneys for Plaintiff, Law Offices of Matthew C. Heerde, 222 Broadway 19th Floor, New York, New York, 10038, within twenty (20) days after the service of this summons, exclusive of the date of service, or within thirty (30) days after service is complete, if service is made by any method other than personal delivery to you within the State of New York. In the event you fail to appear or answer the Complaint herein, judgment will be taken against you upon default for the relief sought in the Plaintiff's Complaint. Dated: New York, New York September 19, 2016 By: --- Matthew C. Heerde mheerde@heerdelaw.com New York Bar No LAW OFFICE OF MATTHEW C. HEERDE 222 Broadway, 19th Floor New York, New York (347) (347) (Fax) YETT CO : EM N LLP By: VLUT - R. Paul Yetter (proac vice forthcoming) pyetter@yettercoleman.com Collin J. Cox ccox@yettercoleman.com New York Bar No Chris D. Porter (pro hac vice forthcoming) cporter@yettercoleman.com 15 of 25 32

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