IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

NICOLE WEISZ,

Plaintiff,

v.

CCT HOLDINGS, LLC

AND MICHAEL EYMER, 

INDIVIDUALLY,

Defendants.

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 Case No. 4:23-cv-541-ALM-AGD

 

DECLARATION OF DOUGLAS B. WELMAKER

1. My name is Douglas B. Welmaker. I am over the age of 18 years, have personal 

knowledge of the matters set forth herein, and am competent to make this declaration. I make this 

declaration pursuant to the provisions of 28 U.S.C. § 1746. I submit this declaration in support of 

Plaintiff’s Request for the Clerk’s Entry of Default in this matter. 

2. Defendant CCT Holdings, LLC (“CCT”) was Plaintiff’s employer. See ECF No. 1, 

Plaintiff’s Original Complaint. CCT does not have a registered agent for service of process listed 

with the Texas Secretary of State’s office, based on multiple attempts I made to locate same through 

searching the Texas Secretary of State’s website. Defendant CCT Holdings, LLC does maintain a 

registered agent in Colorado, based upon their filings with the Colorado’s Secretary of State’s 

Office. 

3. Attached hereto as Attachment 1 is a true and correct copy of CCT’s filing information as 

per the Colorado Secretary of State’s Office, which lists CCT’s registered agent as Michael Eymer, 

and lists the physical address for Mr. Eymer at 3454 Alma Lane, Kittredge, Co., 80457. Id. I

checked the Colorado Secretary of State’s website today, December 22, 2023, and the information

reflected on Attachment 1 is still the same. 

4. On July 13, 2023, Plaintiff attempted service on CCT through its registered agent Mr.

Eymer using a process server out of Austin, Texas operating under the name of Direct Results

Legal Services. Service was attempted via certified mail at the address listed for Mr. Eymer with

the Colorado Secretary of State’s Office, but the certified mail was returned on August 12, 2023

with the notation “return to sender, refused, unable to forward.” See Attachment 2, a true and

correct copy of the Proof of Service Affidavit, by Tod Pendergrass. 

5. In September 2023, I then then hired a Colorado process server, Quality Process Servers

out of Longmont Colorado to serve CCT and Registered Agent Eymer in person at 3454 Alma

Lane, Kittredge, Co., 80457, but the process server was unable to effectuate service, reporting that

Case 4:23-cv-00541-ALM-AGD Document 5-1 Filed 12/22/23 Page 1 of 2 PageID #: 18
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she spoke to an individual at this address who claimed they did not know who Michael Eymer or

CCT was. See Attachment 3, a true and correct copy of Quality Process Server’s return.

6. On September 27, 2023, Plaintiff then attempted to have Direct Results serve CCT via

certified mail at CCT’s principal office mailing address, which is listed with the Colorado

Secretary of State at 250 W. Jewell, Denver Colorado, 80223. That certified mail came back with

the notation “No such address” on November 8, 2023. See Attachment 4, a true and correct copy

of Mr. Pendergrass’s affidavit.

7. On November 16, 2023, Plaintiff then attempted to have CCT served by certified mail on

Eymer at the Registered Agent’s mailing address, which is PO Box 998, Kittridge Colorado

80457, but the certified mail came back with the notation “refused” on November 30, 2023. See

Attachment 5, and true and correct copy of Mr. Pendergrass’s affidavit.

8. Under Colorado Rev. Civ. Stat. § 7-90-704 (2)(c)1, if a registered agent is not present where

they have listed their address, then service is effectuated five days after mailing to the registered

agent’s listed address. 

9. As such, at the earliest, Defendant CCT was served five days after July 13, 2023, which

would have been July 18, 2023. At the latest, Defendant CCT wasserved five days after November

16, 2023, which would have been November 21, 2023. If service was effectuated November 21,

2023, then Defendant CCT’s answer would have been due December 12, 2023. As it is now

December 22, 2023, and Defendant CCT has not answered, Defendant CCT is in default.

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on December 22, 2023, in Gregg County, Texas.

Dated: December 22, 2023

/s/ Douglas B. Welmaker

Douglas B. Welmaker

1 7-90-704. Service on entities

(1) The registered agent of an entity is an agent of the entity authorized to receive service of any process,

notice, or demand required or permitted by law to be served on the entity. The registered agent of an entity

is an agent of the entity to whom the secretary of state may deliver any form, notice, or other document

with respect to the entity under this title, unless otherwise specified by an organic statute.

(2) If an entity that is required to maintain a registered agent pursuant to this part 7 has no registered agent,

or if the registered agent is not located under its registered agent name at its registered agent address, or if

the registered agent cannot with reasonable diligence be served, the entity may be served by registered mail

or by certified mail, return receipt requested, addressed to the entity at its principal address. Service is

perfected under this subsection (2) at the earliest of:

(a) The date the entity receives the process, notice, or demand;

(b) The date shown on the return receipt, if signed on behalf of the entity; or

(c) Five days after mailing.

(Emphasis added)

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