DISTRICT COURT, BOULDER COUNTY, COLORADO
Case No. 96 CVD 694, Division 5
CLUE COMPUTING, INC., Plaintiff,
NETWORK SOLUTIONS, INC., Defendant.
Counsel for Plaintiff Clue Computing, Inc., certifies as follows:
1. Plaintiff Clue Computing, Inc., has applied to this Court for a temporary restraining order. C.R.C.P. 65(b)(2) requires that counsel certify to this Court (a) the efforts which have been made to give notice to the defendant and (b) the reasons that notice should not be required.
2. During the late-night hours of Wednesday, 12 June 1996, and the following early-morning hours, the undersigned counsel faxed the Summons, the Verified Complaint, the Motion For Temporary Restraining Order And Preliminary Injunction, the Affidavit, this Attorney's Certification, the Motion For Waiver Of Security Or Setting Of Nominal Security, the Motion For Immediate Order Or To Set On Emergency Docket, and a cover letter to Mr. David M. Graves, who is Internet Business Manager for Defendant Network Solutions, Inc. Counsel spoke previously with Mr. Graves about the Clue Computing situation and knows Mr. Graves to be the person at NSI who deals most directly with these matters. Counsel also sent email to Mr. Graves to ensure that he would be aware that these items had been faxed to him and to urge that he contact counsel as quickly as possible.
3. At about the same time, counsel faxed to a private process server in Richmond, Virginia, all the above-mentioned documents for personal service on NSI's registered agent Edward R. Parker, Esq., whose office is in Richmond; service is to be accomplished on Thursday, 13 June 1996.
4. Defendant NSI therefore has actual notice of Clue Computing's request for the immediate issuance of a temporary restraining order. Further, for the reasons stated in the Motion For Temporary Restraining Order And Preliminary Injunction, NSI will suffer no prejudice of any kind when the order is issued; this would be true even in the absence of notice.
____________________________________ Dated: 12 June, 1996
Philip L. Dubois, #10769
Philip L. Dubois, P.C.
Lawyer for Clue Computing, Inc.
Boulder, CO 80304-4106