Plaintiffs’ Response in Opposition to the Defendants’ Motion to Dismiss and Alternative Motion to Extend Time
A. Defendants’ Factual Characterization of the Service of Process Event Is at Odds With the Real-Time Audio and Video Footage
Defendants’ motion to dismiss heavily relies upon the sworn declaration of Rebecca Herries (“Ms. Herries”). [Dkt. No. 10]. The sworn statements by Ms. Herries are at odds with the real-time audio and video footage of the exchange between the process server and Ms. Herries. https://www.youtube.com/watch?v=D3FMgZruOXE at 12:00-12:14 (last visited, Aug. 4, 2016).
According to Ms. Herries’ sworn statement, she personally interfaced with the process server (Shawn Lucas) as follows:
I told them that my name was Becca and that I worked for the DNC. They did not ask me for and I did not tell them my last name. They similarly did not ask me for and I did not tell them my title. They also did not ask me whether I was authorized to accept process for either the DNC or Congresswoman Shultz, nor did I tell them that I was authorized to do so. They then handed me the papers and left.
Unfortunately, the plantiff’s process server, Shawn Lucas was found dead. No cause of Lucas’ death yet:
Exhibit 1 – Death Report of Plaintiffs’ Process Server, Shawn Lucas,
Who Died on August 2, 2016