Friday, December 31, 2010

Charles D. Sheffer Jr. to be Profiled in Exclusive Registry

12/31/10 Auto-Mobi.com

Charles D. Sheffer Jr., Owner of Shenandoah Civil Service LLC, has been recognized by Cambridge Who's Who for demonstrating dedication, leadership and excellence in business management.

Mr. Sheffer's successes include earning a bachelor's degree and starting a business in his 40s. With 16 years of professional experience and an expertise in law enforcement, he is the owner of Shenandoah Civil Service LLC. In this role, he is tasked with collecting papers from the court or law offices, typing affidavits, filing court papers, and hand-delivering paperwork to clients. He proccesses papers from all over the United States and enjoys maintaining a thriving business in today's economy. He currently employs two staff members to assist him with his business responsibilities.

A member of the National Association of Professional Process Servers and Equality Virginia, Mr. Sheffer graduated from Old Dominion University in 2007. Previously, he obtained an associate degree in law enforcement from Piedmont Virginia College. Outside of work, he volunteers for the Staunton Augusta Art Center. His future aspirations include continuing the growth of his business, gaining exposure, hiring additional employees and focusing on the business's administrative aspects.

Read the rest of the story:

Charles D. Sheffer Jr. to be Profiled in Exclusive Registry

Substitute service of process ordered for defendant from Russian Federation

Lexology - 12/31/10

Judges: Rader (author), Newman, Prost

[Appealed from N.D. Cal., Judge White]

In Nuance Communications, Inc. v. Abbyy Software House, No. 10-1100 (Fed. Cir. Nov. 12, 2010), the Federal Circuit reversed the district court’s dismissal of Abbyy Production LLC (“Abbyy Production”) for lack of personal jurisdiction. To allow for additional discovery, the Court also vacated the district court’s dismissal of Abbyy Software, Ltd. (“Abbyy Software”). The Court also reversed the dismissal of the case for improper service of process.

Nuance Communications, Inc. (“Nuance”) originally sued Abbyy USA Software House (“Abbyy USA”) and Lexmark International, Inc. for infringement of its method and system patents directed to optical character recognition, and document recognition and management. Based on responses to interrogatories, Nuance filed an Amended Complaint, adding as defendants Abbyy Software, Abbyy USA’s parent, and Abbyy Production, a wholly owned subsidiary of Abbyy Software and the provider of Abbyy USA’s software products and support. Abbyy Software and Abbyy Production are corporations organized under the laws of Cyprus and Russia, respectively. A local process server served Abbyy Production in Moscow with the Amended Complaint, Amended Summons, and Standing Orders of the Court. The Abbyy defendants then filed a motion to dismiss Abbyy Production and Abbyy Software for lack of personal jurisdiction, and to dismiss Abbyy Production for improper service of process. The district court concluded that the record did not show that Abbyy Production or Abbyy Software purposefully directed any specific activity at residents of California or within the forum state, or that Nuance’s claims arise out of those activities. The district court further concluded that Nuance did not properly serve Abbyy Production in accordance with the Hague Convention. The district court also dismissed the suit against Abbyy Software sua sponte for improper service of process. In its decisions, the district court did not address Nuance’s request for jurisdictional discovery.

Read the rest of the story:

Substitute service of process ordered for defendant from Russian Federation

Wednesday, December 29, 2010

Judge OK's class-action status for homeowner lawsuit against Florida law firm

By Christine Stapleton - Palm Beach Post Staff Writer

Wednesday, Dec. 29, 2010

As many as 2,000 homeowners suing the law firm of self-proclaimed foreclosure king David J. Stern over excessive attorney fees and costs won a major victory today when an appeals court blessed the group's class-action status.

"We are very excited," said Louis M. Silber, the West Palm Beach attorney who filed the case in January 2007 — the first class-action lawsuit filed against Stern and his Plantation-based law firm stemming from foreclosure fraud accusations.

In a four-page opinion, the 4th District Court of Appeal upheld the findings of Circuit Judge Thomas H. Barkdull,, who decided the complaints and circumstances of the homeowners were so similar that they would best be handled in a class-action lawsuit.

Members of the class are homeowners who received letters from Stern's firm between Jan. 18, 2003 and Feb. 19 2009 offering to reinstate their loans with Wells Fargo by paying reinstatement charges.

Read the rest of the story:

Judge OK's class-action status for homeowner lawsuit against Florida law firm

Monday, December 27, 2010

Problems with foreclosure notices loom as next flaw in process

By Kimberly Miller - Palm Beach Post Staff Writer - Monday, Dec. 27, 2010

Improperly served foreclosure notices may be the mortgage industry's next roadblock to repossessing homes.

The Florida attorney general's office is investigating two of the state's largest companies that serve court summonses on homeowners, while at the same time judges are throwing out rulings based on faulty deliveries.

This month, appeals courts in Miami and Palm Beach County sided with homeowners in foreclosures where judges agreed their summonses were not appropriately served.

In the Miami case, the homeowner said she was recovering at her mother's home after surgery when the person serving her the summons swore he personally handed it to her at her residence.

But the server's own notes on the file showed he left the documents at the door after seeing curtains move and assuming someone was home. The homeowner later said she had no knowledge of the foreclosure until a final judgment was entered against her.

"Curtains may move because of the wind or curious cats, and not just because some prospective defendant is attempting to avoid service," the appeals decision noted.

Read the rest of the story:

Problems with foreclosure notices loom as next flaw in process

Friday, December 17, 2010

Boulder woman accused of jury tampering sentenced to 13 years

Erica Meltzer Camera Staff Writer
Posted: 12/17/2010 11:24:41 AM MST

A Boulder woman who tried to bribe a juror in a weapons case, then attempted to flea to Canada, will serve 13 years in prison.

Darine Chely, 51, pleaded guilty in October to jury tampering, theft and violating a bond condition.

Chely was on trial in April on charges of reckless endangerment and possession of a weapon by a previous offender after police said she fired a bullet into her next-door neighbor's home in 2009. Chely said the gun went off accidentally.

On April 21, according to an arrest affidavit, a juror who was hearing that case found a note offering him $5,000 to acquit Chely.

"Eric, please don't find me guilty," the note said. "I will pay $5,000. I am very frightened. Please don't give this to anyone."

Read the rest of the story:
Boulder woman accused of jury tampering sentenced to 13 years