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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

WAYNE FARMS LLC ) Civil Action No.: 20-5191

 )

Plaintiff, ) Judge Feinerman

v. )

 ) Magistrate Judge Valdez

JOHN DOE, A/KA GRACIE, )

HENDERSON, A/K/A FRANK L )

ANNESE and LINKEDIN )

CORPORATION )

 )

Defendants 

MOTION FOR ISSUANCE OF SUMMONS

AND AUTHORIZING SERVICE BY PUBLICATION AND ELECTRONICALLY

Now comes Plaintiff, Wayne Farms LLC, (“Wayne Farms”) by its attorneys, Ladas & 

Parry LLP and hereby moves this court (1) authorize the Clerk to issue summons naming (a) 

GRACIE HENDERSON and (b) FRANK L ANNESE in the form shown in Exhibits A and B 

hereto; and (2) authorize service by a combination of publication and electronic notice on JOHN 

DOE, A/KA GRACIE HENDERSON, A/K/A FRANK L ANNESE pursuant to Rule 4 Fed. R. 

Civ. P..

DISCOVERY OF IDENTITY AND LOCATION

The reasons for approval of these means of service are that JOHN DOE began the fraud 

using a fake name – that of Pat Gomez, an employee of Wayne Farms – and the real name has 

been sought during discovery:

(1) Subpoena to Defendant LinkedIn Corporation, the production regarding which is 

Exhibit C;

(2) Subpoena to Wells Fargo Bank, the production regarding which is Exhibit D

(3) Letter Response to Temporary Restraining Order dated September 23, 2020, 

postmarked September 24, 2020, with a Post Office code dated September 25, 2020 and 

Case: 1:20-cv-05191 Document #: 25 Filed: 10/28/20 Page 1 of 7 PageID #:236
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delivered October 14, 2020 the typewritten address being 22 S Michigan Ave., not 224 S. 

Michigan Ave.

(4) Answer to Temporary Restraining Order by BB and R, now Truist, which is 

Exhibit E

A notable omission is that BB and T has not complied with either

a. A subpoena or 

b. The Temporary Restraining Order, paragraph 5. c. “Provide a full accounting of 

activity in said accounts within ten days, which may be extended for good cause shown or by 

agreement with Plaintiff.”1

LINKEDIN IDENTIFIED ADDITIONAL EMAIL ADDRESSES 

The discovery response of LinkedIn did not identify any real name or address for JOHN 

DOE – fake Pat Gomez – although it did identify several other names and additional email 

addresses. Thus, the total email addresses associated with JOHN DOE are:

patrickwaynefarms@consultant.com 

patrickwaynefarms@outlook.com 

godsonnguyen101@gmail.com 

butcherspride.frozenfoods@gmail.com

WELLS FARGO IDENTIED A NAME, PASSPORT AND TWO ADDRESSES

As shown in Exhibit D which comprises the account opening documents and signature 

cards, two accounts are opened, two addresses are identified, one including an apartment 

number, and the identification was a Passport which is identified as:

Primary ID Type: PASP

Primary ID St/Ctry/Prov: ZW

Secondary ID Type: 

OTHR

Secondary ID Description: 

USA VISA XXXXXXXXXX0001 zw

Country of Citizenship: 

Zw

Permanently Resides in US:

 1 On October 28, in a telephone discussion with John Buck of the corporation now known as Truist, production was 

said to be intended to be expedited.

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YES

FRANK L ANNESE presented a Zimbabwe Passport and US Visa as identification

The two addresses are

FRANK L ANNESE

8150 LAKECREST DR 

APT 15

GREENBELT, MD 20770-3344

FRANK L ANNESE

6271 GREEN FIELD RD

ELKRIDGE, MD 21075-6263

NOTICE OF THE SUIT HAS ALREADY BEEN PUBLISHED

Exhibit E shows that, unlike the traditional classified advertisement in the Chicago Daily 

Law Bulletin, a feature article about this action was published, nationally, in LAW 360 a two 

page feature article lead:

“Law360 (September 3, 2020, 6:30 PM EDT) -- Wayne Farms LLC filed suit against 

LinkedIn in Illinois federal court on Wednesday accusing the social networking site of 

failing to take appropriate measures to stop an unknown "John Doe" from posing as an 

employee of the poultry giant and soliciting fraudulent product orders.

Both LinkedIn and the John Doe are named as defendants in the lawsuit, which includes 

claims against the social media company for contributory fraud and vicarious liability, as 

well as claims against the "fake" employee, including for federal trademark infringement, 

dilution and unfair competition.”

The article continues, summarizing allegations in the Complaint though salient by the 

author of the article.

EXHIBIT A SERVICE BY SUMMONS ON GRACIE HENDERSON

Because this is a JOHN DOE Complaint (Amended Complaint) alleging either that 

FRANK L ANNESE is an alias of JOHN DOE, or is the real name of JOHN DOE, or is a coCase: 1:20-cv-05191 Document #: 25 Filed: 10/28/20 Page 3 of 7 PageID #:238
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conspirator (Amended Complaint, Docket 23, ¶¶ 2, 33) it is appropriate for the Clerk to issue 

Summons to GRACIE HENDERSON. While Rule 4 requires an address, no address is currently 

available. Summons could issue and service be attempted if and when an address becomes 

known. Exhibit A has the address blank.

EXHIBIT B SUMMONS TO AND SERVICE ON FRANK L ANNESE

Because this is a JOHN DOE Complaint (Amended Complaint) alleging either that 

FRANK L ANNESE is an alias of JOHN DOE, or is the real name of JOHN DOE, or is a coconspirator (Amended Complaint, Docket 23, ¶¶ 2, 33) it is appropriate for the Clerk to issue 

Summons to FRANK L. ANNESE using the best available addresses. Ordinary service can be 

attempted

SERVICE BY PUBLICATION AND ELECTRONIC COMMUNICATION

This case presents unique facts. The true name of JOHN DOE is not known, but 

is suspected. He or she may be an individual with aliases (the Complaint is about one) or 

an individual with co-conspirators GRACIE HENDERSON and FRANK L ANNESE, or 

a combination. One fake identity – which forms the basis for the Complaint – and 

Wayne Farms – are identified in the published news article. There are two email 

addresses used in the fraud (Exhibits to Motion for Temporary Restraining Order, Docket 

11, Exh. 7, (patrickwaynefarms@consultant.com) Exh. 10, 

(patrickwaynefarm@outlook.com), Exh. 13 (patrickwaynefarms@outlook.com; 

patrickwaynefarms@consultant.com). The Complaint was newsworthy enough to be the 

subject of a national article (Exhibit E) and, indeed, the public pleadings, including the 

Complaint, are available for free on the website “Courtlistener\Recap” 

https://www.courtlistener.com/docket/18476666/wayne-farms-llc-v-john-doe/ Finally, 

FRANK L ANNESE is identified as a Citizen of Zimbabwe, Exhibit D, page 3. 

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RULE 4 FED R CIV P PERMITS SERVICE BY PUBLICATION

Service by publication is contemplated on both domestic and foreign defendants (see e.g. 

Rule 4 (c) (3) special process server; Rule 4 (e) (1) by state law, which includes publication, 735 

ILCS 5/2-206, and Rule 4 (f) Rule 4(f)(3)).

We do not know if FRANK L ANNESE, or whoever presented the Zimbabwe passport to 

Wells Fargo is physically within the jurisdiction of a District Court. We do know that this fact 

situation meets nearly exactly:

“Lastly, allowing for service via e-mail and electronic publication is appropriate in this 

case because (1) Defendants have provided false names and physical address information 

in their domain names in order to conceal their location and avoid liability for their 

unlawful conduct, (2) Defendants rely primarily on electronic communications to 

communicate with their registrars and customers, demonstrating that electronic service 

would be a reliable means of apprising the Defendants of this case, and (3) Plaintiff is 

unable to determine the exact physical whereabouts or identifies of the registrants of the 

domain names being used to operate Defendants' online marketplaces.

Deckers Outdoor Corp. v. Partnerships and Unincorporated Associations, No. 13 C 2167, 2013 

WL 1337616 (ND Ill, 2013) Similarly, we do not know the whereabouts of GRACIE 

HENDERSON or even if he or she is a different person. But the case has received newspaper 

coverage, and we know JOHN DOE uses email. 

CONCLUSION

Wayne Farms prays this Court ORDER:

(1) The Clerk shall issue Summons to GRACIE HENDERSON in the form illustrated in 

Exhibit A to this Motion;

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(2) The Clerk shall issue Summons to FRANK L ANNESE in the form illustrated in 

Exhibit A to this Motion;

(3) Service of Process shall be effective by sending electronic mail (e-mail) to 

patrickwaynefarms@outlook.com

and patrickwaynefarms@outlook.com

with a copy of the Summons and Complaint.

and for such other relief as the Court shall deem proper.

Respectfully submitted,

Date: October 28, 2020 By:

David C. Brezina (ID3121581)

Attorneys for Plaintiff, Wayne Farms LLC

Ladas & Parry LLP

David C. Brezina

Boris Umansky

224 S Michigan Ave, #1600

Chicago, IL 60604

(312) 427-1300 

dbrezina@ladas.net

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing will be filed in the Northern 

District of Illinois - CM/ECF LIVE, Document Filing System, which will forward copies thereof 

to any counsel of record.

I will also serve a copy by electronic mail to:

(1) Defendant LinkedIn

Jason Skaggs

Skaggs Faucette

530 Lytton Avenue 

2nd Floor

Palo Alto CA 94301

jason@skaggsfaucette.com

(2) Defendant John Doe: 

patrickwaynefarms@consultant.com

patrickwaynefarms@outlook.com

godsonnguyen101@gmail.com

butcherspride.frozenfoods@gmail.com

Date of Signature: October 28, 2020

David C. Brezina

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