AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

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Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s 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 plaintiff’s attorney,

whose name and address are:

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 5:20-cv-00746-JKP-HJB Document 9 Filed 08/28/20 Page 15 of 16

 Western District of Texas

MELODY JOY CANTU 

AND 

DR. RODRIGO CANTU

5:20-CV-0746 (JKP)

DR. SANDRA GUERRA 

and 

DIGITAL FORENSICS CORPORATION, 

DIGITAL FORENSICS CORPORATION

Service of Process

Secretary of State

P.O. Box 12079

Austin, Texas 78711-2079

Tor Ekeland, Esq. 

Pro Hac Vice

Tor Ekeland Law, PLLC

30 Wall Street, 8th Floor 

New York, NY 10005-2205

08/28/2020

Case 5:20-cv-00746-JKP Document 13 Filed 09/21/20 Page 1 of 3
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

Melody Joy Cantu and 

Dr. Rodrigo Cantu,

Plaintiffs,

v.

Dr. Sandra Guerra and 

Digital Forensics Corporation,

Defendants.

Case No.: 5:20-CV-0746 (JKP)

DECLARATION OF NICOLE 

GUITELMAN

PROOF OF SERVICE

I declare under 28 U.S.C. § 1746 and the penalty of perjury that the following is true and 

correct:

1. On September 10, 2020 I, Nicole Guitelman, mailed to the Texas 

Secretary of State via USPS certified mail, with return receipt requested, Service of Process 

and Summons upon defendant Digital Forensics Corporation, on behalf of Plaintiffs Melody 

Joy Cantu and Dr. Rodrigo Cantu.

2. Texas Business Organizations Code § 5.251(2)(B) permits substituted 

service of process upon the Texas Secretary of State as an agent of a foreign entity if such

entity transacts business in this state without registering with the Secretary of State.

3. Digital Forensics’ website states they do business in Texas.1

4. On September 21, 2020, I searched the Texas Secretary of State 

registration database located at https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-find.asp 

DocuSign Envelope ID: 781E0BC1-9FF5-447A-B31E-811554625B15 Case 5:20-cv-00746-JKP Document 13 Filed 09/21/20 Page 2 of 3
and it does not list Digital Forensics Corporation, LLC as either a domestic or as a foreign 

entity.

5. On September 15, 2020 at 9:45 AM, the Texas Secretary of State received 

a true copy of the Summons in a Civil Action serving defendant Digital Forensics Corporation

in the State of Texas, at the address P.O. Box 12079, Austin, Texas 78711-2079.

6. As per Texas Business Organizations Code § 5.252, the documents served 

had duplicate copies of the relevant documents along with the $55 required fee.

7. Due to the absence of a registered agent and as according to Texas

Business Organizations Code § 5.251(2)(B), I served the Texas Secretary of State. 

8. I declare under penalty of perjury that the above is true and correct to the 

best of my knowledge.

Executed On: 

____________________________

September 21, 2020

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