Preview
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
EXHIBIT G
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------x
MAGDALENA “MAGGIE” TRZUSKOT,
Plaintiff,
NOTICE PURSUANT TO NEW YORK
CIVIL PRACTICE RULE section 3215
DEFAULT JUDGMENT
-against-
Index No.: 101474/2019
CARL JOHANN JOHNSON (personally and as interim
CEO of Bitt.com and Chief of Staff at Tzero.com),
PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED
(as Board Member of Bitt.com), Bitt.com, Tzero.com.
------------------------------------------------------------------------------x
TO Overstock.com, Tzero.com, and Bitt.com CORPORATIONS to this pending e-filed ACTION:
PLEASE TAKE NOTICE that there is an application for judgment by default in this pending
action, and more than one year has elapsed since the default.
NOTICE IS pursuant to CPLR section 3215 (f) (g) and CPLR section 3215 4 (i)(ii).
THE ADDITIONAL SERVICE of the SUMMONS by FIRST CLASS MAIL on defendant
corporations’ last known address is being made simultaneously with service of the summons
pursuant to section 306 (b) of the business corporation law.
ATTACHED is A SUMMONS AND NOTICE served pursuant to CPLR section 305 (b).
Dated: October 20, 2023
Queens, NY
/s/ Magdalena (Maggie) Trzuskot
Magdalena Trzuskot, Pro se
Confidential Address
347-570-2836
magtrzuskot@gmail.com [consent
given to receive service via email]
To: Overstock.com
1. Service on registered agent
2. Service on last known address
1
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
3. Service on secretary of state
Tzero.com
1. Service on registered agent
2. Service on last known address
3. Service on secretary of state
Bitt.com
1. Service on registered agent
2. Service on last known address
2
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------x
MAGDALENA “MAGGIE” TRZUSKOT,
Plaintiff,
SUMMONS AND NOTICE
-against-
Index No.: 101474/2019
CARL JOHANN JOHNSON (personally and as interim
CEO of Bitt.com and Chief of Staff at Tzero.com),
PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED
(as Board Member of Bitt.com), Bitt.com, Tzero.com
------------------------------------------------------------------------------x
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the
plaintiff – amended complaint (NYSCEF Doc # 50).
Please TAKE NOTICE that prior SERVICE was effectuated on the following with Affidavit of
Services uploaded to the e-filed case.
(1) Tzero.com Corporation via delivering to Kevin Wilches personally
On 8/11/2022 at
1 World Trade Center
285 Fulton Street
58th Floor
New York, NY 10007
(2) Bitt.com Corporation via DHL mailing at actual place of business
On 08/19/2022 at
3rd Floor Cedar Court,
Wildey Business Park
Saint Michael
BB BB14006
(3) Overstock.com Corporation via delivering to Tyler Montgomery
On 09/21/2022 at
799 Coliseum Way
Midvale, Utah
3
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
84047
You are HEREBY SUMMONED to answer the amended complaint of the plaintiff at the
address indicated below within 20 days after the service of this Summons (not counting the day
of service itself), or within 30 days after service is complete if the Summons is not delivered
personally to you within the State of New York. Plaintiff consents for answers to be electronically
served at magtrzuskot@gmail.com.
You ARE HEREBY NOTIFIED THAT should you fail to answer; a judgment will be entered
against you by default for the relief demanded in the complaint.
Pursuant to CVP Rule 305, the basis of venue designated is based upon Plaintiff’s current
residence – 53-54 61st St., Maspeth, NY, 11378, USA. The above Index Number assigned, and date
of filing with the clerk of the court is on or about September 25, 2019.
Dated: October 20, 2023
Queens, NY
/s/ Magdalena (Maggie) Trzuskot
Magdalena Trzuskot, Pro se
Confidential Address
347-570-2836
magtrzuskot@gmail.com [consent
given to receive service via email]
To: Overstock.com
1. Service on registered agent
2. Service on last known address
3. Service on secretary of state
Tzero.com
1. Service on registered agent
2. Service on last known address
3. Service on secretary of state
Bitt.com
1. Service on registered agent
2. Service on last known address
4
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------x
MAGDALENA “MAGGIE” TRZUSKOT,
Plaintiff,
SUMMONS and NOTICE Pursuant to
CPLR section 305(b)
-against-
Index No.: 101474/2019
CARL JOHANN JOHNSON (personally and as interim
CEO of Bitt.com and Chief of Staff at Tzero.com),
PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED
(as Board Member of Bitt.com), Bitt.com, Tzero.com
------------------------------------------------------------------------------x
TO ADDITION OF PARTIES TO THIS PENDING E-FILED ACTION:
The complaint is not served with the summons. This is your notice of the nature of the action
and the relief sought, pursuant to CPLR section 305 (b).
The nature of the action is: complex sexual harassment and retaliation.
The relief sought is: compensatory damages, general damages, punitive damages.
The sum of money for which judgment may be taken in case of default is: $33 million dollars
USD.
Dated: October 20, 2023
Queens, NY
/s/ Magdalena (Maggie) Trzuskot
Magdalena Trzuskot, Pro se
Confidential Address
347-570-2836
magtrzuskot@gmail.com [consent
given to receive service via email]
To: Overstock.com
1. Service on registered agent
2. Service on last known address
3. Service on secretary of state
Tzero.com
5
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
1. Service on registered agent
2. Service on last known address
3. Service on secretary of state
Bitt.com
1. Service on registered agent
2. Service on last known address
6
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
MAGDALENA TRZUSKOT (aka “Maggie Trzuskot”)
PRIOR NOTICE GIVEN
Plaintiff, ORDER WITH NOTICE OF
ENTRY
Index No.: 101474/2019
-against-
CARL JOHANN JOHNSON (personally, and as Interim
CEO of Bitt.com and Chief of Staff at Tzero.com),
PATRICK BYRNE (as CEO of Overstock.com),
GABRIEL ABED (as Board Member of Bitt.com),
Bitt.com and Tzero.com
Defendants.
---------------------------------------------------------------------X
To Addition of Parties to this Pending E-filed Action: PLEASE TAKE NOTICE that the attached is a
true copy of an ORDER duly signed by the Honorable Judge Shlomo S. Hagler in this matter that
was entered in the office of the County Clerk, Supreme Court, New York County, on 08/04/2022.
PLEASE FIND ATTACHED NOTICE OF ELECTRONIC FILING, as a party to be added in an
action subject to e-filing shall be served with initiating documents in hard copy together with
notice of e-filing.
PLEASE FIND ATTACHED SUPPLEMENTAL SUMMONS. AND SUMMONS AND AMENDED
COMPLAINT in the form annexed to the motion papers.
Dated: August 8, 2022
Queens, NY
Yours, etc.
_/s/__Magdalena Trzuskot____
Magdalena (Maggie) Trzuskot
53-54 61st Street
Maspeth, NY 11378
magtrzuskot@gmail.com
(347) 570-2836
7
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------x
MAGDALENA TRZUSKOT (aka “Maggie Trzuskot”) Index No. 101474/2019
Plaintiff,
PRIOR NOTICE GIVEN
NOTICE OF ELECTRONIC FILING
-against- (Mandatory Case)
(Uniform Rule section 202.5-bb)
CARL JOHANN JOHNSON (personally, and as
Interim CEO of Bitt.com and Chief of Staff of Tzero.com),
PATRICK BYRNE (as CEO of Overstock.com),
GABRIEL ABED (as Board Member of Bitt.com), Bitt.com,
And Tzero.com,
Defendants.
--------------------------------------------------------------------x
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New
York State Courts E-filing system (“NYSCEF”), and
2) You are a Defendant/Respondent (a party) in this case.
• If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).
• If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other devise to convert documents into electronic format, a connection to
the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
• Serving and filing your documents electronically
• Free access to view and print your e-filed documents
• Limiting your number of trips to the courthouse
8
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
• Paying any court fees on-line (Credit card needed)
To register for e-filing or for more information about how e-filing works:
• Visit: www.nycourts.gov/efile-unrepresented or
• Contact the Clerk’s Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) Immediately record his or her representation within the e-filed matter on the NYSCEF
site www.nycourts.gov/efile ; or
2) File the Notice of Opt-Out form with the clerk of the court where this action is pending
and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys
who certify in good faith that they lack the computer hardware and/or scanner and/or
internet connection or that they lack (along with all employees subject to their
direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; email: nyscef@nycourts.gov ).
Dated: _August 8, 2022__
Queens, NY __/s/_Maggie Trzuskot__________
Magdalena (“Maggie”) Trzuskot
53-54 61st Street
Maspeth, NY
11378
magtrzuskot@gmail.com
(347) 570-2836
9
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------x
MAGDALENA TRZUSKOT (aka “Maggie Trzuskot”) Index No. 101474/2019
Plaintiff, PRIOR NOTICE GIVEN
SUPPLEMENTAL
SUMMONS
-against-
CARL JOHANN JOHNSON (personally, and as
Interim CEO of Bitt.com and Chief of Staff of Tzero.com),
PATRICK BYRNE (as CEO of Overstock.com),
GABRIEL ABED (as Board Member of Bitt.com), Bitt.com,
And Tzero.com,
Defendants.
--------------------------------------------------------------------x
To the Persons(s) named as Defendants(s) above:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of
the plaintiff – the supplemental summons and amended complaint, in the form annexed to the
motion papers, as specified in the Notice of Entry with Judge Hagler’s Order that you have been
served.
You are HEREBY SUMMONED to answer the amended complaint of the plaintiff at the
address indicated below within 20 days after the service of this Summons (not counting the day
of service itself), or within 30 days after service is complete if the Summons is not delivered
personally to you within the State of New York. Plaintiff wishes for answers to be electronically
served at magtrzuskot@gmail.com.
You ARE HEREBY NOTIFIED THAT should you fail to answer; a judgment will be entered
against you by default for the relief demanded in the complaint.
Pursuant to CVP Rule 305, the basis of venue designated is based upon Plaintiff’s current
residence – 53-54 61st St., Maspeth, NY, 11378, USA. The above Index Number assigned, and date
of filing with the clerk of the court is on or about September 25, 2019.
Dated: August 8, 2022
Queens, NY
___/s/ Magdalena Trzuskot_______
Magdalena (“Maggie”) Trzuskot
53-54 61st Street
Maspeth, NY 11378
Magtrzuskot@gmail.com
(347) 570-2836
10
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
11
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT
FILED: OF THE STATE
NEW YORK COUNTYOF NEW YORK NEW
CLERK YORK COUNTY
11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 61112
Job #:11/06/2023
0
MAGDALENA "MAGGIE" TRZUSKOT
Plaintiff(s)
Index Number: 101474/2019
vs
Date Filed:
CARL JOHANN JOHNSON (PERSONALLY AND AS INTERIM CEO OF BITT.COM AND CHIEF Client’s File No.:
Defendant(s)
OF STAFF AT TZERO.COM), ET AL.
Court Date:
STATE OF NEW YORK, COUNTY OFKINGS, SS.:
ELIJAH WHITE, being sworn says:
Deponent is not a party herein; is over the age of 18 years and resides in the State of New York.
On 10/25/2023, at at: 1209 ORANGE STREET, WILLMINGTON , DE 19801 Deponent served the within NOTICE PURSUANT TO NEW YORK CIVIL
PRACTICE RULE SECTION 3215 DEFAULT JUDGMENT, SUMMONS AND NOTICE, SUMMONS AND NOTICE PURSUANT TO CPLR SECTION 305(B), ORDER
WITH NOTICE OF ENTRY, NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUPPLEMENTAL SUMMONS
On: TZERO GROUP, INC. C/O THE CORPORATION TRUST COMPANY, therein named.
#1 INDIVIDUAL
By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein.
#2 SUITABLE AGE PERSON
By delivering thereat a true copy of each to ( ) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business /
employment [] dwelling house (usual place of abode) within the state.
#3 AFFIXING TO DOOR
By affixing a true copy of each to the door of said premises which is defendants
[] actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find
defendant or person of suitable age and discretion thereat having visited there
Corporation or Partnership or Trust or LLC
By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the
corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof.
#5 MAILING
On 10/24/2023, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant’s last known [] Actual
Place of Residence [X] Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the
exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "personal and confidential" and did not
indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the
defendant.
#6 DESCRIPTION
Sex: Color of skin: Color of hair: Glasses:
Age: Height: Weight: Other Features:
#7 MILITARY SERVICE
I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever
and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated.
#8 WITNESS FEES
Subpoena Fee Tendered in the amount of
#9 OTHER
SERVED THROUGH FEDEX OVERNIGHT MAILING 7738 5227 6482
Sworn to before me on 10/27/2023
TAMARA TOWSHIN ALAM __________________________
NOTARY PUBLIC, STATE OF NEW YORK
REGISTRATION NO. 01AL6369961
QUALIFIED IN KINGS COUNTY ELIJAH WHITE
COMMISSION EXPIRES JANUARY 22, 2026 Affidavit Complied By:
MAGGIE TRZUSKOT 2093436-DCA
SLS Process Serving Company, LLC, 90 State Street, Albany, NY 12207 2094823-DCA
ORIGIN ID:FBTA (800) 388-1036 SHIP DATE: 24OCT23
MOE BOURI ACTWGT: 1.00 LB
CAD: 259054381/INET4535
808 UNION ST
3A
BROOKLYN, NY 11215 BILL SENDER
UNITED STATES US
TO THE CORPORATION TRUST COMPANY
TZERO GROUP, INC.
NYSCEF DOC. NO. 179
1209 ORANGE ST. WILMINGTON
583J1/BC8B/9AE3
WILMINGTON DE 19801
(800) 388-1035 REF:
INV:
PO: DEPT:
J234023101501uv
WED - 25 OCT 10:30A
TRK# PRIORITY OVERNIGHT
0201 7738 5227 6482
19801
EE ZWIA DE-US PHL
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM
RECEIVED NYSCEF: 11/06/2023
INDEX NO. 101474/2019
SUPREME COURT
FILED: OF THE STATE
NEW YORK COUNTYOF NEW YORK NEW
CLERK YORK COUNTY
11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 61113
Job #:11/06/2023
MAGDALENA "MAGGIE" TRZUSKOT
Plaintiff(s)
Index Number: 101474/2019
vs
Date Filed:
CARL JOHANN JOHNSON (PERSONALLY AND AS INTERIM CEO OF BITT.COM AND CHIEF Client’s File No.:
Defendant(s)
OF STAFF AT TZERO.COM), ET AL.
Court Date:
STATE OF NEW YORK, COUNTY OFKINGS, SS.:
ELIJAH WHITE, being sworn says:
Deponent is not a party herein; is over the age of 18 years and resides in the State of New York.
On 10/25/2023, at at: 6795 SOUTH UNION PARK AVENUE, SUITE 600, COTTONWOOD HEIGHTS, UT 84047 Deponent served the within
NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE RULE SECTION 3215 DEFAULT JUDGMENT, SUMMONS AND NOTICE, SUMMONS AND NOTICE
PURSUANT TO CPLR SECTION 305(B), ORDER WITH NOTICE OF ENTRY, NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUPPLEMENTAL
SUMMONS
On: TZERO GROUP, INC., therein named.
#1 INDIVIDUAL
By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein.
#2 SUITABLE AGE PERSON
By delivering thereat a true copy of each to ( ) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business /
employment [] dwelling house (usual place of abode) within the state.
#3 AFFIXING TO DOOR
By affixing a true copy of each to the door of said premises which is defendants
[] actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find
defendant or person of suitable age and discretion thereat having visited there
Corporation or Partnership or Trust or LLC
By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the
corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof.
#5 MAILING
On 10/25/2023, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant’s last known [] Actual
Place of Residence [X] Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the
exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "personal and confidential" and did not
indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the
defendant.
#6 DESCRIPTION
Sex: Color of skin: Color of hair: Glasses:
Age: Height: Weight: Other Features:
#7 MILITARY SERVICE
I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever
and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated.
#8 WITNESS FEES
Subpoena Fee Tendered in the amount of
#9 OTHER
SERVED THROUGH FEDEX 7738 5232 7502
Sworn to before me on 10/27/2023
TAMARA TOWSHIN ALAM __________________________
NOTARY PUBLIC, STATE OF NEW YORK
REGISTRATION NO. 01AL6369961
QUALIFIED IN KINGS COUNTY ELIJAH WHITE
COMMISSION EXPIRES JANUARY 22, 2026 Affidavit Complied By:
MAGGIE TRZUSKOT 2093436-DCA
SLS Process Serving Company, LLC, 90 State Street, Albany, NY 12207 2094823-DCA
ORIGIN ID:FBTA (800) 388-1036 SHIP DATE: 24OCT23
MOE BOURI ACTWGT: 1.00 LB
CAD: 259054381/INET4535
808 UNION ST
3A
BROOKLYN, NY 11215 BILL SENDER
UNITED STATES US
TO TZERO GROUP INC.
TZERO.COM/DELAWARE CORPORATION
NYSCEF DOC. NO. 179
6975 SOUTH UNION PARK AVENUE
SUITE 600
583J1/BC8B/9AE3
COTTONWOOD HEIGHTS UT 84047
(800) 388-1035 REF:
INV:
PO: DEPT:
J234023101501uv
WED - 25 OCT 10:30A
TRK# PRIORITY OVERNIGHT
0201 7738 5232 7502
84047
XA SLCA UT-US SLC
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM
RECEIVED NYSCEF: 11/06/2023
INDEX NO. 101474/2019
SUPREME COURT
FILED: OF THE STATE
NEW YORK COUNTYOF NEW YORK NEW
CLERK YORK COUNTY
11/06/2023 08:34 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 61112
Job #:11/06/2023
0
MAGDALENA "MAGGIE" TRZUSKOT
Plaintiff(s)
Index Number: 101474/2019
vs
Date Filed:
CARL JOHANN JOHNSON (PERSONALLY AND AS INTERIM CEO OF BITT.COM AND CHIEF Client’s File No.:
Defendant(s)
OF STAFF AT TZERO.COM), ET AL.
Court Date:
STATE OF NEW YORK, COUNTY OFKINGS, SS.:
ELIJAH WHITE, being sworn says:
Deponent is not a party herein; is over the age of 18 years and resides in the State of New York.
On 10/25/2023, at at: 1209 ORANGE STREET, WILLMINGTON , DE 19801 Deponent served the within NOTICE PURSUANT TO NEW YORK CIVIL
PRACTICE RULE SECTION 3215 DEFAULT JUDGMENT, SUMMONS AND NOTICE, SUMMONS AND NOTICE PURSUANT TO CPLR SECTION 305(B), ORDER
WITH NOTICE OF ENTRY, NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUPPLEMENTAL SUMMONS
On: TZERO GROUP, INC. C/O THE CORPORATION TRUST COMPANY, therein named.
#1 INDIVIDUAL
By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein.
#2 SUITABLE AGE PERSON
By delivering thereat a true copy of each to ( ) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business /
employment [] dwelling house (usual place of abode) within the state.
#3 AFFIXING TO DOOR
By affixing a true copy of each to the door of said premises which is defendants
[] actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find
defendant or person of suitable age and discretion thereat having visited there
Corporation or Partnership or Trust or LLC
By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the
corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof.
#5 MAILING
On 10/25/2023, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant’s last known [] Actual
Place of Residence [X] Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the
exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "personal and confidential" and did not
indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the
defendant.
#6 DESCRIPTION
Sex: Color of skin: Color of hair: Glasses:
Age: Height: Weight: Other Features:
#7 MILITARY SERVICE
I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever
and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated.
#8 WITNESS FEES
Subpoena Fee Tendered in the amount of
#9 OTHER
SERVED THROUGH FEDEX OVERNIGHT MAILING 7738 5227 6482
Sworn to before me on 10/27/2023
TAMARA TOWSHIN ALAM __________________________
NOTARY PUBLIC, STATE OF NEW YORK
REGISTRATION NO. 01AL6369961
QUALIFIED IN KINGS COUNTY ELIJAH WHITE
COMMISSION EXPIRES JANUARY 22, 2026 Affidavit Complied By:
MAGGIE TRZUSKOT 2093436-DCA
SLS Process Serving Company, LLC, 90 State Street, Albany, NY 12207 2094823-DCA
ORIGIN ID:FBTA (800) 388-1036 SHIP DATE: 24OCT23
MOE BOURI ACTWGT: 1.00 LB
CAD: 259054381/INET4535
808 UNION ST
3A
BROOKLYN, NY 11215 BILL SENDER
UNITED STATES US
TO THE CORPORATION TRUST COMPANY
TZERO GROUP, INC.
NYSCEF DOC. NO. 179
1209 ORANGE ST. WILMINGTON
583J1/BC8B/9AE3
WILMINGTON DE 19801
(800) 388-1035 REF:
INV:
PO: DEPT:
J234023101501uv
WED - 25 OCT 10:30A
TRK# PRIORITY OVERNIGHT
0201 7738 5227 6482
19801
EE ZWIA DE-US PHL
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM
RECEIVED NYSCEF: 11/06/2023
INDEX NO. 101474/2019
Preview
FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 EXHIBIT G FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------x MAGDALENA “MAGGIE” TRZUSKOT, Plaintiff, NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE RULE section 3215 DEFAULT JUDGMENT -against- Index No.: 101474/2019 CARL JOHANN JOHNSON (personally and as interim CEO of Bitt.com and Chief of Staff at Tzero.com), PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED (as Board Member of Bitt.com), Bitt.com, Tzero.com. ------------------------------------------------------------------------------x TO Overstock.com, Tzero.com, and Bitt.com CORPORATIONS to this pending e-filed ACTION: PLEASE TAKE NOTICE that there is an application for judgment by default in this pending action, and more than one year has elapsed since the default. NOTICE IS pursuant to CPLR section 3215 (f) (g) and CPLR section 3215 4 (i)(ii). THE ADDITIONAL SERVICE of the SUMMONS by FIRST CLASS MAIL on defendant corporations’ last known address is being made simultaneously with service of the summons pursuant to section 306 (b) of the business corporation law. ATTACHED is A SUMMONS AND NOTICE served pursuant to CPLR section 305 (b). Dated: October 20, 2023 Queens, NY /s/ Magdalena (Maggie) Trzuskot Magdalena Trzuskot, Pro se Confidential Address 347-570-2836 magtrzuskot@gmail.com [consent given to receive service via email] To: Overstock.com 1. Service on registered agent 2. Service on last known address 1 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 3. Service on secretary of state Tzero.com 1. Service on registered agent 2. Service on last known address 3. Service on secretary of state Bitt.com 1. Service on registered agent 2. Service on last known address 2 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------x MAGDALENA “MAGGIE” TRZUSKOT, Plaintiff, SUMMONS AND NOTICE -against- Index No.: 101474/2019 CARL JOHANN JOHNSON (personally and as interim CEO of Bitt.com and Chief of Staff at Tzero.com), PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED (as Board Member of Bitt.com), Bitt.com, Tzero.com ------------------------------------------------------------------------------x PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiff – amended complaint (NYSCEF Doc # 50). Please TAKE NOTICE that prior SERVICE was effectuated on the following with Affidavit of Services uploaded to the e-filed case. (1) Tzero.com Corporation via delivering to Kevin Wilches personally On 8/11/2022 at 1 World Trade Center 285 Fulton Street 58th Floor New York, NY 10007 (2) Bitt.com Corporation via DHL mailing at actual place of business On 08/19/2022 at 3rd Floor Cedar Court, Wildey Business Park Saint Michael BB BB14006 (3) Overstock.com Corporation via delivering to Tyler Montgomery On 09/21/2022 at 799 Coliseum Way Midvale, Utah 3 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 84047 You are HEREBY SUMMONED to answer the amended complaint of the plaintiff at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. Plaintiff consents for answers to be electronically served at magtrzuskot@gmail.com. You ARE HEREBY NOTIFIED THAT should you fail to answer; a judgment will be entered against you by default for the relief demanded in the complaint. Pursuant to CVP Rule 305, the basis of venue designated is based upon Plaintiff’s current residence – 53-54 61st St., Maspeth, NY, 11378, USA. The above Index Number assigned, and date of filing with the clerk of the court is on or about September 25, 2019. Dated: October 20, 2023 Queens, NY /s/ Magdalena (Maggie) Trzuskot Magdalena Trzuskot, Pro se Confidential Address 347-570-2836 magtrzuskot@gmail.com [consent given to receive service via email] To: Overstock.com 1. Service on registered agent 2. Service on last known address 3. Service on secretary of state Tzero.com 1. Service on registered agent 2. Service on last known address 3. Service on secretary of state Bitt.com 1. Service on registered agent 2. Service on last known address 4 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------x MAGDALENA “MAGGIE” TRZUSKOT, Plaintiff, SUMMONS and NOTICE Pursuant to CPLR section 305(b) -against- Index No.: 101474/2019 CARL JOHANN JOHNSON (personally and as interim CEO of Bitt.com and Chief of Staff at Tzero.com), PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED (as Board Member of Bitt.com), Bitt.com, Tzero.com ------------------------------------------------------------------------------x TO ADDITION OF PARTIES TO THIS PENDING E-FILED ACTION: The complaint is not served with the summons. This is your notice of the nature of the action and the relief sought, pursuant to CPLR section 305 (b). The nature of the action is: complex sexual harassment and retaliation. The relief sought is: compensatory damages, general damages, punitive damages. The sum of money for which judgment may be taken in case of default is: $33 million dollars USD. Dated: October 20, 2023 Queens, NY /s/ Magdalena (Maggie) Trzuskot Magdalena Trzuskot, Pro se Confidential Address 347-570-2836 magtrzuskot@gmail.com [consent given to receive service via email] To: Overstock.com 1. Service on registered agent 2. Service on last known address 3. Service on secretary of state Tzero.com 5 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 1. Service on registered agent 2. Service on last known address 3. Service on secretary of state Bitt.com 1. Service on registered agent 2. Service on last known address 6 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X MAGDALENA TRZUSKOT (aka “Maggie Trzuskot”) PRIOR NOTICE GIVEN Plaintiff, ORDER WITH NOTICE OF ENTRY Index No.: 101474/2019 -against- CARL JOHANN JOHNSON (personally, and as Interim CEO of Bitt.com and Chief of Staff at Tzero.com), PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED (as Board Member of Bitt.com), Bitt.com and Tzero.com Defendants. ---------------------------------------------------------------------X To Addition of Parties to this Pending E-filed Action: PLEASE TAKE NOTICE that the attached is a true copy of an ORDER duly signed by the Honorable Judge Shlomo S. Hagler in this matter that was entered in the office of the County Clerk, Supreme Court, New York County, on 08/04/2022. PLEASE FIND ATTACHED NOTICE OF ELECTRONIC FILING, as a party to be added in an action subject to e-filing shall be served with initiating documents in hard copy together with notice of e-filing. PLEASE FIND ATTACHED SUPPLEMENTAL SUMMONS. AND SUMMONS AND AMENDED COMPLAINT in the form annexed to the motion papers. Dated: August 8, 2022 Queens, NY Yours, etc. _/s/__Magdalena Trzuskot____ Magdalena (Maggie) Trzuskot 53-54 61st Street Maspeth, NY 11378 magtrzuskot@gmail.com (347) 570-2836 7 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x MAGDALENA TRZUSKOT (aka “Maggie Trzuskot”) Index No. 101474/2019 Plaintiff, PRIOR NOTICE GIVEN NOTICE OF ELECTRONIC FILING -against- (Mandatory Case) (Uniform Rule section 202.5-bb) CARL JOHANN JOHNSON (personally, and as Interim CEO of Bitt.com and Chief of Staff of Tzero.com), PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED (as Board Member of Bitt.com), Bitt.com, And Tzero.com, Defendants. --------------------------------------------------------------------x You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system (“NYSCEF”), and 2) You are a Defendant/Respondent (a party) in this case. • If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2). • If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other devise to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: • Serving and filing your documents electronically • Free access to view and print your e-filed documents • Limiting your number of trips to the courthouse 8 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 • Paying any court fees on-line (Credit card needed) To register for e-filing or for more information about how e-filing works: • Visit: www.nycourts.gov/efile-unrepresented or • Contact the Clerk’s Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) Immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.gov/efile ; or 2) File the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; email: nyscef@nycourts.gov ). Dated: _August 8, 2022__ Queens, NY __/s/_Maggie Trzuskot__________ Magdalena (“Maggie”) Trzuskot 53-54 61st Street Maspeth, NY 11378 magtrzuskot@gmail.com (347) 570-2836 9 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x MAGDALENA TRZUSKOT (aka “Maggie Trzuskot”) Index No. 101474/2019 Plaintiff, PRIOR NOTICE GIVEN SUPPLEMENTAL SUMMONS -against- CARL JOHANN JOHNSON (personally, and as Interim CEO of Bitt.com and Chief of Staff of Tzero.com), PATRICK BYRNE (as CEO of Overstock.com), GABRIEL ABED (as Board Member of Bitt.com), Bitt.com, And Tzero.com, Defendants. --------------------------------------------------------------------x To the Persons(s) named as Defendants(s) above: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiff – the supplemental summons and amended complaint, in the form annexed to the motion papers, as specified in the Notice of Entry with Judge Hagler’s Order that you have been served. You are HEREBY SUMMONED to answer the amended complaint of the plaintiff at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. Plaintiff wishes for answers to be electronically served at magtrzuskot@gmail.com. You ARE HEREBY NOTIFIED THAT should you fail to answer; a judgment will be entered against you by default for the relief demanded in the complaint. Pursuant to CVP Rule 305, the basis of venue designated is based upon Plaintiff’s current residence – 53-54 61st St., Maspeth, NY, 11378, USA. The above Index Number assigned, and date of filing with the clerk of the court is on or about September 25, 2019. Dated: August 8, 2022 Queens, NY ___/s/ Magdalena Trzuskot_______ Magdalena (“Maggie”) Trzuskot 53-54 61st Street Maspeth, NY 11378 Magtrzuskot@gmail.com (347) 570-2836 10 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 11 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT FILED: OF THE STATE NEW YORK COUNTYOF NEW YORK NEW CLERK YORK COUNTY 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 61112 Job #:11/06/2023 0 MAGDALENA "MAGGIE" TRZUSKOT Plaintiff(s) Index Number: 101474/2019 vs Date Filed: CARL JOHANN JOHNSON (PERSONALLY AND AS INTERIM CEO OF BITT.COM AND CHIEF Client’s File No.: Defendant(s) OF STAFF AT TZERO.COM), ET AL. Court Date: STATE OF NEW YORK, COUNTY OFKINGS, SS.: ELIJAH WHITE, being sworn says: Deponent is not a party herein; is over the age of 18 years and resides in the State of New York. On 10/25/2023, at at: 1209 ORANGE STREET, WILLMINGTON , DE 19801 Deponent served the within NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE RULE SECTION 3215 DEFAULT JUDGMENT, SUMMONS AND NOTICE, SUMMONS AND NOTICE PURSUANT TO CPLR SECTION 305(B), ORDER WITH NOTICE OF ENTRY, NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUPPLEMENTAL SUMMONS On: TZERO GROUP, INC. C/O THE CORPORATION TRUST COMPANY, therein named. #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein. #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to ( ) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business / employment [] dwelling house (usual place of abode) within the state. #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants [] actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having visited there Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof. #5 MAILING On 10/24/2023, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant’s last known [] Actual Place of Residence [X] Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "personal and confidential" and did not indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. #6 DESCRIPTION Sex: Color of skin: Color of hair: Glasses: Age: Height: Weight: Other Features: #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated. #8 WITNESS FEES Subpoena Fee Tendered in the amount of #9 OTHER SERVED THROUGH FEDEX OVERNIGHT MAILING 7738 5227 6482 Sworn to before me on 10/27/2023 TAMARA TOWSHIN ALAM __________________________ NOTARY PUBLIC, STATE OF NEW YORK REGISTRATION NO. 01AL6369961 QUALIFIED IN KINGS COUNTY ELIJAH WHITE COMMISSION EXPIRES JANUARY 22, 2026 Affidavit Complied By: MAGGIE TRZUSKOT 2093436-DCA SLS Process Serving Company, LLC, 90 State Street, Albany, NY 12207 2094823-DCA ORIGIN ID:FBTA (800) 388-1036 SHIP DATE: 24OCT23 MOE BOURI ACTWGT: 1.00 LB CAD: 259054381/INET4535 808 UNION ST 3A BROOKLYN, NY 11215 BILL SENDER UNITED STATES US TO THE CORPORATION TRUST COMPANY TZERO GROUP, INC. NYSCEF DOC. NO. 179 1209 ORANGE ST. WILMINGTON 583J1/BC8B/9AE3 WILMINGTON DE 19801 (800) 388-1035 REF: INV: PO: DEPT: J234023101501uv WED - 25 OCT 10:30A TRK# PRIORITY OVERNIGHT 0201 7738 5227 6482 19801 EE ZWIA DE-US PHL FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM RECEIVED NYSCEF: 11/06/2023 INDEX NO. 101474/2019 SUPREME COURT FILED: OF THE STATE NEW YORK COUNTYOF NEW YORK NEW CLERK YORK COUNTY 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 61113 Job #:11/06/2023 MAGDALENA "MAGGIE" TRZUSKOT Plaintiff(s) Index Number: 101474/2019 vs Date Filed: CARL JOHANN JOHNSON (PERSONALLY AND AS INTERIM CEO OF BITT.COM AND CHIEF Client’s File No.: Defendant(s) OF STAFF AT TZERO.COM), ET AL. Court Date: STATE OF NEW YORK, COUNTY OFKINGS, SS.: ELIJAH WHITE, being sworn says: Deponent is not a party herein; is over the age of 18 years and resides in the State of New York. On 10/25/2023, at at: 6795 SOUTH UNION PARK AVENUE, SUITE 600, COTTONWOOD HEIGHTS, UT 84047 Deponent served the within NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE RULE SECTION 3215 DEFAULT JUDGMENT, SUMMONS AND NOTICE, SUMMONS AND NOTICE PURSUANT TO CPLR SECTION 305(B), ORDER WITH NOTICE OF ENTRY, NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUPPLEMENTAL SUMMONS On: TZERO GROUP, INC., therein named. #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein. #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to ( ) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business / employment [] dwelling house (usual place of abode) within the state. #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants [] actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having visited there Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof. #5 MAILING On 10/25/2023, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant’s last known [] Actual Place of Residence [X] Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "personal and confidential" and did not indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. #6 DESCRIPTION Sex: Color of skin: Color of hair: Glasses: Age: Height: Weight: Other Features: #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated. #8 WITNESS FEES Subpoena Fee Tendered in the amount of #9 OTHER SERVED THROUGH FEDEX 7738 5232 7502 Sworn to before me on 10/27/2023 TAMARA TOWSHIN ALAM __________________________ NOTARY PUBLIC, STATE OF NEW YORK REGISTRATION NO. 01AL6369961 QUALIFIED IN KINGS COUNTY ELIJAH WHITE COMMISSION EXPIRES JANUARY 22, 2026 Affidavit Complied By: MAGGIE TRZUSKOT 2093436-DCA SLS Process Serving Company, LLC, 90 State Street, Albany, NY 12207 2094823-DCA ORIGIN ID:FBTA (800) 388-1036 SHIP DATE: 24OCT23 MOE BOURI ACTWGT: 1.00 LB CAD: 259054381/INET4535 808 UNION ST 3A BROOKLYN, NY 11215 BILL SENDER UNITED STATES US TO TZERO GROUP INC. TZERO.COM/DELAWARE CORPORATION NYSCEF DOC. NO. 179 6975 SOUTH UNION PARK AVENUE SUITE 600 583J1/BC8B/9AE3 COTTONWOOD HEIGHTS UT 84047 (800) 388-1035 REF: INV: PO: DEPT: J234023101501uv WED - 25 OCT 10:30A TRK# PRIORITY OVERNIGHT 0201 7738 5232 7502 84047 XA SLCA UT-US SLC FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM RECEIVED NYSCEF: 11/06/2023 INDEX NO. 101474/2019 SUPREME COURT FILED: OF THE STATE NEW YORK COUNTYOF NEW YORK NEW CLERK YORK COUNTY 11/06/2023 08:34 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 61112 Job #:11/06/2023 0 MAGDALENA "MAGGIE" TRZUSKOT Plaintiff(s) Index Number: 101474/2019 vs Date Filed: CARL JOHANN JOHNSON (PERSONALLY AND AS INTERIM CEO OF BITT.COM AND CHIEF Client’s File No.: Defendant(s) OF STAFF AT TZERO.COM), ET AL. Court Date: STATE OF NEW YORK, COUNTY OFKINGS, SS.: ELIJAH WHITE, being sworn says: Deponent is not a party herein; is over the age of 18 years and resides in the State of New York. On 10/25/2023, at at: 1209 ORANGE STREET, WILLMINGTON , DE 19801 Deponent served the within NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE RULE SECTION 3215 DEFAULT JUDGMENT, SUMMONS AND NOTICE, SUMMONS AND NOTICE PURSUANT TO CPLR SECTION 305(B), ORDER WITH NOTICE OF ENTRY, NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUPPLEMENTAL SUMMONS On: TZERO GROUP, INC. C/O THE CORPORATION TRUST COMPANY, therein named. #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein. #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to ( ) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business / employment [] dwelling house (usual place of abode) within the state. #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants [] actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having visited there Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof. #5 MAILING On 10/25/2023, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant’s last known [] Actual Place of Residence [X] Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "personal and confidential" and did not indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. #6 DESCRIPTION Sex: Color of skin: Color of hair: Glasses: Age: Height: Weight: Other Features: #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated. #8 WITNESS FEES Subpoena Fee Tendered in the amount of #9 OTHER SERVED THROUGH FEDEX OVERNIGHT MAILING 7738 5227 6482 Sworn to before me on 10/27/2023 TAMARA TOWSHIN ALAM __________________________ NOTARY PUBLIC, STATE OF NEW YORK REGISTRATION NO. 01AL6369961 QUALIFIED IN KINGS COUNTY ELIJAH WHITE COMMISSION EXPIRES JANUARY 22, 2026 Affidavit Complied By: MAGGIE TRZUSKOT 2093436-DCA SLS Process Serving Company, LLC, 90 State Street, Albany, NY 12207 2094823-DCA ORIGIN ID:FBTA (800) 388-1036 SHIP DATE: 24OCT23 MOE BOURI ACTWGT: 1.00 LB CAD: 259054381/INET4535 808 UNION ST 3A BROOKLYN, NY 11215 BILL SENDER UNITED STATES US TO THE CORPORATION TRUST COMPANY TZERO GROUP, INC. NYSCEF DOC. NO. 179 1209 ORANGE ST. WILMINGTON 583J1/BC8B/9AE3 WILMINGTON DE 19801 (800) 388-1035 REF: INV: PO: DEPT: J234023101501uv WED - 25 OCT 10:30A TRK# PRIORITY OVERNIGHT 0201 7738 5227 6482 19801 EE ZWIA DE-US PHL FILED: NEW YORK COUNTY CLERK 11/06/2023 08:34 PM RECEIVED NYSCEF: 11/06/2023 INDEX NO. 101474/2019