Preview
FILED: NEW YORK COUNTY CLERK 11/10/2023 02:30 PM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/10/2023
Exhibit C
FILED: NEW YORK COUNTY CLERK 11/10/2023 02:30 PM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
3 RECEIVED NYSCEF: 11/10/2023
05/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 652733/2022
SAMANTHA CABY,
NOTICE OF PLAINTIFF’S
Plaintiff
MOTION FOR ALTERNATIVE
v. SERVICE PURSUANT TO CPLR §
308(5) AND AN EXTENSION OF
THE PERIOD FOR SERVICE
FOREST PARK GROUP, INC., JOHN F. UNDER CPLR § 306-B
DOHERTY, and FERNANDO REYES,
Defendants Motion Sequence No. 001
PLEASE TAKE NOTICE that, upon the Affirmation of J.R. Skrabanek, dated May 29,
2023, and the exhibits annexed thereto; the accompanying memorandum of law, and all other
papers and proceedings in this matter, plaintiff will respectfully move this Court at the Motion
Submission Part, Room 130, at 60 Centre Street, New York, New York, 10013, or virtually via
Microsoft Teams, on June 15, 2023 at 9:30 a.m., or such other date, or time as the Court designates,
for an Order:
1. Pursuant to CPLR § 308(5), authorizing service on the unserved defendants by electronic
mail on defendant John F. Doherty at Jack@forestparkgroup.com and/or by text message,
and defendant Fernando Reyes at fdr@forestparkgroup.com and/or by text message;
2. Pursuant to CPLR 306-b, granting a 180-day extension of the 120-day period for service
for good cause show and in the interest of justice; and
3. Granting such other, further, or different relief as the Court deems Just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering
papers, if any, shall be filed and served on or before June 8, 2023.
PAGE 1
1 of 2
FILED: NEW YORK COUNTY CLERK 11/10/2023 02:30 PM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
3 RECEIVED NYSCEF: 11/10/2023
05/29/2023
Dated: May 29, 2023
New York, New York
THOMPSON & SKRABANEK, PLLC
By:
________________________
J.R. Skrabanek
42 W. 38th Street, Suite 1002
New York, NY 10018
Tel: (646) 568-4280
jrs@ts-firm.com
ATTORNEYS FOR PLAINTIFF
PAGE 2
2 of 2
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
5 RECEIVED NYSCEF: 11/10/2023
05/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 652733/2022
SAMANTHA CABY,
Plaintiff AFFIRMATION OF GOOD FAITH
IN SUPPORT OF PLAINTIFF’S
v. MOTION FOR ALTERNATIVE
SERVICE PURSUANT TO CPLR §
308(5) AND AN EXTENSION OF
THE PERIOD FOR SERVICE
FOREST PARK GROUP, INC., JOHN F. UNDER CPLR § 306-B
DOHERTY, and FERNANDO REYES,
Defendants Motion Sequence No. 001
J.R. SKRABANEK, an attorney licensed to practice in the State of New York, affirms
under penalty of perjury as follows:
1. Our firm is counsel to Samantha Caby (“Plaintiff”) in this action. I make this Affirmation
in support of Plaintiff’s motion for an Order to permit alternative service on defendants John F.
Doherty (“Doherty”) and Fernando Reyes (“Reyes”) (collectively “Individual Defendants”) via e-
mail and/or text message pursuant to CPLR § 308(5), and a 180-day extension of the 120-day
period for service under CPLR § 306-b.
2. This is a lawsuit concerning unpaid wages and/or unpaid independent contractor payments
acknowledged and grossly overdue.
3. In an attempt to resolve the instant matter prior to litigation, I emailed with the Individual
Defendants a Demand letter on or around June 8, 2022, to which Doherty responded to on the same
day, a true and correct copy of the e-mail exchange is annexed as Exhibit A.
4. Following the inability of parties to resolve the matter, our firm filed a Summons and
Complaint on August 3, 2022. Dkt. No.1.
1
1 of 4
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
5 RECEIVED NYSCEF: 11/10/2023
05/29/2023
5. Defendant Forest Park Group, Inc. was successfully served on August 12, 2022, with the
subsequent affidavit of service filed on August 27, 2022. Dkt. No. 2.
6. Doherty is a principal of Forest Park Group and Reyes is a former officer during Plaintiff’s
tenure with the company.
7. Forest Park Group is a tech startup with no known physical office location. Neither my
client nor multiple third parties with whom I have consulted know the personal whereabouts of
Doherty or Reyes at any given time. All of Plaintiff’s work for Forest Park Group was fully remote.
8. Service of the Summons and Complaint was attempted on Doherty on August 16, 2022 at
5603 Hawthorne Place, New Orleans, LA 70124 wherein Doherty’s mother informed the process
server that Doherty resided at 1 Franklin Parkway in San Mateo, California, a true and correct
copy of the attempted service is annexed as Exhibit B.
9. An online search of 1 Franklin Parkway, San Mateo, California 94403 revealed that it is an
office park in California with no residences, a series of screenshots of websites and google maps
stating the same is annexed as Exhibit C.
10. On or around September 7, 2022, I spoke to Reyes via telephone via the phone number
(985) 707-2255 regarding a physical address so that he could be served with a Summons and
Complaint. He acknowledged that he understood that he was party to a lawsuit but refused to
provide me with a physical address.
11. My client, Ms. Caby, has advised that she has personal knowledge that Mr. Doherty’s cell
phone number is (504) 909-9628.
12. I have diligently attempted to find addresses for the Individual Defendants online and
through public records, and have met zero success.
2
2023-05-29_Caby_Attny Aff ISO Alt Service (v4 Final)
2 of 4
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
5 RECEIVED NYSCEF: 11/10/2023
05/29/2023
13. It is clear via Reyes’ actions and Doherty’s mother’s actions, that both Individual
Defendants are trying to deliberately avoid being served. As a matter of public policy and to avoid
unjust prejudice to Plaintiff, alternative service of Individual Defendants should be permissible.
14. Further, Forest Park Group’s website, publicly available at
https://www.forestparkgroup.com/, indicates that Forest Park Group is still in operation while also
still advertising a physical address—1 Franklin Parkway, San Mateo, California 94403—that is
false or inaccurate.
15. As Doherty has received and responded to electronic mail at Jack@forestparkgroup.com,
and Reyes has received and responded to electronic mail at fdr@forestparkgroup.com, I
respectfully submit this affirmation requesting alternative service of the Summons and Complaint
via electronic mail and/or text message.
16. Upon the granting of this motion, our firm will serve both Doherty and Reyes via the
alternative method(s) approved by the Court.
17. For the foregoing reasons, and those set forth in the accompanying Memorandum of Law,
the Court should enter an Order (i) permitting service of Individual Defendants via alternative
service pursuant to CPLR § 308(5); and (ii) a 180-day extension of the 120-day period under CPLR
§ 306-b within which to serve Individual Defendants; and granting such other relief to which
Plaintiff is justly entitled.
Dated: New York, NY
May 29, 2023
THOMPSON & SKRABANEK, PLLC
By:
________________________
J.R. Skrabanek
42 W. 38th Street, Suite 1002
New York, NY 10018
3
2023-05-29_Caby_Attny Aff ISO Alt Service (v4 Final)
3 of 4
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
5 RECEIVED NYSCEF: 11/10/2023
05/29/2023
Tel: (646) 568-4280
jrs@ts-firm.com
ATTORNEYS FOR PLAINTIFF
4
2023-05-29_Caby_Attny Aff ISO Alt Service (v4 Final)
4 of 4
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
6 RECEIVED NYSCEF: 11/10/2023
05/29/2023
Exhibit A
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
6 RECEIVED NYSCEF:
J.R. Skrabanek 05/29/2023
11/10/2023
Samantha Caby // Forest Park Group
J.R. Skrabanek Fri, Aug 5, 2022 at 10:44 AM
To: Jack Doherty
Cc: Fernando Reyes
Gentlemen:
See attached lawsuit filed by our office on August 3 on behalf of Samantha Caby against Forest Park Group as well as Jack Doherty and Fernando
Reyes.
J.R. Skrabanek, Esq.
Partner, Thompson & Skrabanek, PLLC
(646) 568-4280 | jrs@ts-firm.com
www.ts-firm.com
42 W. 38th Street, Suite 1002
New York, NY 10018
Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If
you are not the intended recipient, please contact me by responding to this e-mail and please destroy all original copies of the
message.
P Please consider the environment when deciding whether to print this email. Thank you. P
On Wed, Jul 6, 2022 at 5:39 PM J.R. Skrabanek wrote:
Mr. Doherty,
Having not heard from you, I assume Forest Park is unwilling to settle on my client's proposed terms. My instructions are to file suit on July 14 if this
matter is not resolved before then. Please advise ASAP.
Thanks,
J.R.
J.R. Skrabanek, Esq.
Partner, Thompson & Skrabanek, PLLC
(646) 568-4280 | jrs@ts-firm.com
www.ts-firm.com
42 W. 38th Street, Suite 1002
New York, NY 10018
Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If
you are not the intended recipient, please contact me by responding to this e-mail and please destroy all original copies of the
message.
P Please consider the environment when deciding whether to print this email. Thank you. P
FILED: INDEX NO. 652733/2022
On Sat, Jun NEW
25, 2022YORK COUNTY
at 10:03 AM CLERK
J.R. Skrabanek 05/29/2023
11/10/2023
wrote: 11:16 PM
02:30 AM
Mr. Doherty,
NYSCEF DOC. NO. 29
6 RECEIVED NYSCEF: 11/10/2023
05/29/2023
Your response indicates that Forest Park and yourself and Mr. Reyes do not appear to appreciate the level of risk to the entity and yourselves. It is
irrelevant whether the entity has not profited. It is irrelevant why Ms. Caby separated from the entity. The fact is that this money is owed, without
question.
Ms. Caby appreciates the equity offer you made but cannot accept it. She would be willing to resolve her claims for either of the following: 1)
$100,000 paid in increments over the next 8 months, or 2) $65,000 paid in increments over the next 6 months, plus $60,000 in vested, non-
dilutable equity.
Anything short of either of these options, and my instructions are to file suit against both Forest Park and both of you, personally. The available
evidence suggests Ms. Caby was a misclassified employee, which means you will likely be found personally liable as her employers.
Please review and get back to me promptly so we can hopefully resolve the situation amicably and avoid further escalation.
Sincerely,
J.R.
J.R. Skrabanek, Esq.
Partner, Thompson & Skrabanek, PLLC
(646) 568-4280 | jrs@ts-firm.com
www.ts-firm.com
42 W. 38th Street, Suite 1002
New York, NY 10018
Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If
you are not the intended recipient, please contact me by responding to this e-mail and please destroy all original copies of the
message.
P Please consider the environment when deciding whether to print this email. Thank you. P
On Wed, Jun 8, 2022 at 4:20 PM Jack Doherty wrote:
Hello-
Attached please find the company's response to the demand letter.
We appreciated the time we spent working with Sammi, and we are very much interested in resolving this amicably.
Sincerely,
John
--
This email is for the sole use of the intended recipient(s) and may contain confidential information and privileged information exempt from
disclosure under applicable law. Unauthorized review, use, or distribution is prohibited.
On Wed, Jun 8, 2022 at 7:26 AM Thompson & Skrabanek wrote:
Attached please find correspondence to Forest Park Group from J.R. Skrabanek, Esq. on behalf of our client, Samantha Caby. Additional
copies to follow by mail as indicated.
Thompson & Skrabanek, PLLC
(646) 568-4280 | contact@ts-firm.com
www.ts-firm.com
42 W. 38th Street, Suite 1002
New York, NY 10018
Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If
you are not the intended recipient, please contact us by responding to this e-mail and destroy all original copies of the message.
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
6 RECEIVED NYSCEF: 11/10/2023
05/29/2023
--
John F. Doherty
Founder & CEO
Phone: +1 504 909 9628
01 - 2022-08-03_Caby_Summons & Complaint.pdf
89K
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
7 RECEIVED NYSCEF: 11/10/2023
05/29/2023
Exhibit B
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
7 RECEIVED NYSCEF: 11/10/2023
05/29/2023
AFFIDAVIT OF NON-SERVICE
Case: Court: County: Job:
652733/2022 SUPREMECOURT OF THE STATEOF NEW YORKCOUNTY WASHINGTON, NY 7512743
OF WASHINGTON
Plaintiff / Petitioner: Defendant / Respondent:
"Jack"
Samantha Caby John F. Doherty
Received by· For:
Jessica Warren Thompson & 5krabanek, PLLC
To be served upon:
john "Jack" F. Doherty
say· I am over the age of 18 years and not a party to this action, and that withm the
LJESSICAWARREN, being duly sworn, depose and
of
boundaries of the state where service was effected, I was authorized by law to make service of the documents and informed said person
the contents herein
"lack" F.
Recipient Name / Address: john Doherty, 5603 Hawthorne Place, New Orleans. LA 70124
Manner of Service: Bad Address
Documents: Summons & Complaint (Received Aug 15. 2022 at 4:49pm CDT), Notice of e-Fillng (Received Aug 15. 2022 at
4:49pm CDT)
Additional Comments:
70124
1) Unsuccessful Attempt Aug 16, 2022, 1:50 pm CDT at 56D3 Hawthorne Place, New Orleans, LA
Servee does not reside.
Although wlUIng to accept, his mom confirmed that his address is 1 Franklin Parkway in San Mateo California
JESSICAWARRE Date
lessica Warren
3372479027
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
8 RECEIVED NYSCEF: 11/10/2023
05/29/2023
Exhibit C
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 11:16
02:30 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO.
One Franklin 8
29
Parkway X Restaurants Ism Hotels @ Things to do @ Transit P Parking
s Pharmacies ATMs
RECEIVED NYSCEF: 11/10/2023
05/29/2023
St
Park Place at San
4, Mateo Apartments
om
s
Crunch Fitness
-
San IV0ateo
6 Mendocino Farms
Starbucks
One Franklin Parkway
Transit station 95
Whole Foods Market
Roblox
The Splurgiest
o to Save
Way
Overview About
One Franklin Parkway
Ä '-
Directions Save Nearby Send to Share
phone
San Mateo, CA 94403 Paddock Park
®9
" " GPV4+FG San California
Mateo,
ø
Send to your phone 9,
* BevMo!
D Add a label
-
Quimby The
Apartment Collection...
/ Suggest an edit
India Grocery and spice
Popular times Mondays 0
rfee
lin Pkwy
Layers Bright Star Chil r
Map data ©2023 United States Terms Privacy Send feedback 200 ft i-
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 11:16
02:30 PM
AM INDEX NO. 652733/2022
One Franklin
NYSCEF DOC. NO. 8
29Parkway X Restaurants Hotels ["] Things to do @ Transit P Parking Pharmacies ATMs *
RECEIVED NYSCEF: 05/29/2023
11/10/2023
'
ne Franklin Parkway
Overview About
Directions Save Send to Share ..
Nearby
phone
San Mateo, CA 94403 . .
" " GPV4+FG San California
Mateo,
Send to your phone a. o
D Add a label
/ Suggest an edit
Popular times Mondays " . .
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
8 BC Tenants Brokers Help Sign
RECEIVED up Log in
NYSCEF: 11/10/2023
05/29/2023
Q San Mateo, CA Lease & Sale¼ Any Use Any Size No Max Price Search Map
>
California > San Mateo > 94403 >
Bay Meadows
Þ× ×
-
Franklin Templeton Investments-BIdg 970 1 Franklin Pkwy,san 515BùCKS
Mateo, CA 94403
Contact a Local Tenant Premium
Rep
Broker Wireless for
$15/mo.
Rafael.Ramos@compass.c
& e ) Compass
mob le
name*
Full
Mint Mobile gives you
eve ng you need
Name*
Company for baller wireless at a
fraction of the cost
number*
Phone
address* 6
Email u
cMapbmco
Request Photos
Rentosuy
tSy
^ E3Send Inquiry
Do you represent space here? LEARN MORE >
v LCall
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
NYSCEF DOC. NO. 29
8 RECEIVED NYSCEF: 11/10/2023
05/29/2023
@ commercialEdge
@ CommercNlEdg
Details Contacts Location Save
___
Franklin Templeton -
Building 930 Off-Market
1 Franklin Pkwy, San Mateo, CA 94403
FILED: NEW YORK COUNTY CLERK 11/10/2023
05/29/2023 02:30
11:16 PM
AM INDEX NO. 652733/2022
, FRANKLIN Individual Investor [0] My Cart About Us Contact Us a Sign In/Register v
NYSCEF DOC. NO. 29
8
Preview
FILED: NEW YORK COUNTY CLERK 11/10/2023 02:30 PM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/10/2023 Exhibit C FILED: NEW YORK COUNTY CLERK 11/10/2023 02:30 PM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 3 RECEIVED NYSCEF: 11/10/2023 05/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 652733/2022 SAMANTHA CABY, NOTICE OF PLAINTIFF’S Plaintiff MOTION FOR ALTERNATIVE v. SERVICE PURSUANT TO CPLR § 308(5) AND AN EXTENSION OF THE PERIOD FOR SERVICE FOREST PARK GROUP, INC., JOHN F. UNDER CPLR § 306-B DOHERTY, and FERNANDO REYES, Defendants Motion Sequence No. 001 PLEASE TAKE NOTICE that, upon the Affirmation of J.R. Skrabanek, dated May 29, 2023, and the exhibits annexed thereto; the accompanying memorandum of law, and all other papers and proceedings in this matter, plaintiff will respectfully move this Court at the Motion Submission Part, Room 130, at 60 Centre Street, New York, New York, 10013, or virtually via Microsoft Teams, on June 15, 2023 at 9:30 a.m., or such other date, or time as the Court designates, for an Order: 1. Pursuant to CPLR § 308(5), authorizing service on the unserved defendants by electronic mail on defendant John F. Doherty at Jack@forestparkgroup.com and/or by text message, and defendant Fernando Reyes at fdr@forestparkgroup.com and/or by text message; 2. Pursuant to CPLR 306-b, granting a 180-day extension of the 120-day period for service for good cause show and in the interest of justice; and 3. Granting such other, further, or different relief as the Court deems Just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering papers, if any, shall be filed and served on or before June 8, 2023. PAGE 1 1 of 2 FILED: NEW YORK COUNTY CLERK 11/10/2023 02:30 PM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 3 RECEIVED NYSCEF: 11/10/2023 05/29/2023 Dated: May 29, 2023 New York, New York THOMPSON & SKRABANEK, PLLC By: ________________________ J.R. Skrabanek 42 W. 38th Street, Suite 1002 New York, NY 10018 Tel: (646) 568-4280 jrs@ts-firm.com ATTORNEYS FOR PLAINTIFF PAGE 2 2 of 2 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 5 RECEIVED NYSCEF: 11/10/2023 05/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 652733/2022 SAMANTHA CABY, Plaintiff AFFIRMATION OF GOOD FAITH IN SUPPORT OF PLAINTIFF’S v. MOTION FOR ALTERNATIVE SERVICE PURSUANT TO CPLR § 308(5) AND AN EXTENSION OF THE PERIOD FOR SERVICE FOREST PARK GROUP, INC., JOHN F. UNDER CPLR § 306-B DOHERTY, and FERNANDO REYES, Defendants Motion Sequence No. 001 J.R. SKRABANEK, an attorney licensed to practice in the State of New York, affirms under penalty of perjury as follows: 1. Our firm is counsel to Samantha Caby (“Plaintiff”) in this action. I make this Affirmation in support of Plaintiff’s motion for an Order to permit alternative service on defendants John F. Doherty (“Doherty”) and Fernando Reyes (“Reyes”) (collectively “Individual Defendants”) via e- mail and/or text message pursuant to CPLR § 308(5), and a 180-day extension of the 120-day period for service under CPLR § 306-b. 2. This is a lawsuit concerning unpaid wages and/or unpaid independent contractor payments acknowledged and grossly overdue. 3. In an attempt to resolve the instant matter prior to litigation, I emailed with the Individual Defendants a Demand letter on or around June 8, 2022, to which Doherty responded to on the same day, a true and correct copy of the e-mail exchange is annexed as Exhibit A. 4. Following the inability of parties to resolve the matter, our firm filed a Summons and Complaint on August 3, 2022. Dkt. No.1. 1 1 of 4 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 5 RECEIVED NYSCEF: 11/10/2023 05/29/2023 5. Defendant Forest Park Group, Inc. was successfully served on August 12, 2022, with the subsequent affidavit of service filed on August 27, 2022. Dkt. No. 2. 6. Doherty is a principal of Forest Park Group and Reyes is a former officer during Plaintiff’s tenure with the company. 7. Forest Park Group is a tech startup with no known physical office location. Neither my client nor multiple third parties with whom I have consulted know the personal whereabouts of Doherty or Reyes at any given time. All of Plaintiff’s work for Forest Park Group was fully remote. 8. Service of the Summons and Complaint was attempted on Doherty on August 16, 2022 at 5603 Hawthorne Place, New Orleans, LA 70124 wherein Doherty’s mother informed the process server that Doherty resided at 1 Franklin Parkway in San Mateo, California, a true and correct copy of the attempted service is annexed as Exhibit B. 9. An online search of 1 Franklin Parkway, San Mateo, California 94403 revealed that it is an office park in California with no residences, a series of screenshots of websites and google maps stating the same is annexed as Exhibit C. 10. On or around September 7, 2022, I spoke to Reyes via telephone via the phone number (985) 707-2255 regarding a physical address so that he could be served with a Summons and Complaint. He acknowledged that he understood that he was party to a lawsuit but refused to provide me with a physical address. 11. My client, Ms. Caby, has advised that she has personal knowledge that Mr. Doherty’s cell phone number is (504) 909-9628. 12. I have diligently attempted to find addresses for the Individual Defendants online and through public records, and have met zero success. 2 2023-05-29_Caby_Attny Aff ISO Alt Service (v4 Final) 2 of 4 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 5 RECEIVED NYSCEF: 11/10/2023 05/29/2023 13. It is clear via Reyes’ actions and Doherty’s mother’s actions, that both Individual Defendants are trying to deliberately avoid being served. As a matter of public policy and to avoid unjust prejudice to Plaintiff, alternative service of Individual Defendants should be permissible. 14. Further, Forest Park Group’s website, publicly available at https://www.forestparkgroup.com/, indicates that Forest Park Group is still in operation while also still advertising a physical address—1 Franklin Parkway, San Mateo, California 94403—that is false or inaccurate. 15. As Doherty has received and responded to electronic mail at Jack@forestparkgroup.com, and Reyes has received and responded to electronic mail at fdr@forestparkgroup.com, I respectfully submit this affirmation requesting alternative service of the Summons and Complaint via electronic mail and/or text message. 16. Upon the granting of this motion, our firm will serve both Doherty and Reyes via the alternative method(s) approved by the Court. 17. For the foregoing reasons, and those set forth in the accompanying Memorandum of Law, the Court should enter an Order (i) permitting service of Individual Defendants via alternative service pursuant to CPLR § 308(5); and (ii) a 180-day extension of the 120-day period under CPLR § 306-b within which to serve Individual Defendants; and granting such other relief to which Plaintiff is justly entitled. Dated: New York, NY May 29, 2023 THOMPSON & SKRABANEK, PLLC By: ________________________ J.R. Skrabanek 42 W. 38th Street, Suite 1002 New York, NY 10018 3 2023-05-29_Caby_Attny Aff ISO Alt Service (v4 Final) 3 of 4 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 5 RECEIVED NYSCEF: 11/10/2023 05/29/2023 Tel: (646) 568-4280 jrs@ts-firm.com ATTORNEYS FOR PLAINTIFF 4 2023-05-29_Caby_Attny Aff ISO Alt Service (v4 Final) 4 of 4 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 6 RECEIVED NYSCEF: 11/10/2023 05/29/2023 Exhibit A FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 6 RECEIVED NYSCEF: J.R. Skrabanek 05/29/2023 11/10/2023 Samantha Caby // Forest Park Group J.R. Skrabanek Fri, Aug 5, 2022 at 10:44 AM To: Jack Doherty Cc: Fernando Reyes Gentlemen: See attached lawsuit filed by our office on August 3 on behalf of Samantha Caby against Forest Park Group as well as Jack Doherty and Fernando Reyes. J.R. Skrabanek, Esq. Partner, Thompson & Skrabanek, PLLC (646) 568-4280 | jrs@ts-firm.com www.ts-firm.com 42 W. 38th Street, Suite 1002 New York, NY 10018 Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact me by responding to this e-mail and please destroy all original copies of the message. P Please consider the environment when deciding whether to print this email. Thank you. P On Wed, Jul 6, 2022 at 5:39 PM J.R. Skrabanek wrote: Mr. Doherty, Having not heard from you, I assume Forest Park is unwilling to settle on my client's proposed terms. My instructions are to file suit on July 14 if this matter is not resolved before then. Please advise ASAP. Thanks, J.R. J.R. Skrabanek, Esq. Partner, Thompson & Skrabanek, PLLC (646) 568-4280 | jrs@ts-firm.com www.ts-firm.com 42 W. 38th Street, Suite 1002 New York, NY 10018 Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact me by responding to this e-mail and please destroy all original copies of the message. P Please consider the environment when deciding whether to print this email. Thank you. P FILED: INDEX NO. 652733/2022 On Sat, Jun NEW 25, 2022YORK COUNTY at 10:03 AM CLERK J.R. Skrabanek 05/29/2023 11/10/2023 wrote: 11:16 PM 02:30 AM Mr. Doherty, NYSCEF DOC. NO. 29 6 RECEIVED NYSCEF: 11/10/2023 05/29/2023 Your response indicates that Forest Park and yourself and Mr. Reyes do not appear to appreciate the level of risk to the entity and yourselves. It is irrelevant whether the entity has not profited. It is irrelevant why Ms. Caby separated from the entity. The fact is that this money is owed, without question. Ms. Caby appreciates the equity offer you made but cannot accept it. She would be willing to resolve her claims for either of the following: 1) $100,000 paid in increments over the next 8 months, or 2) $65,000 paid in increments over the next 6 months, plus $60,000 in vested, non- dilutable equity. Anything short of either of these options, and my instructions are to file suit against both Forest Park and both of you, personally. The available evidence suggests Ms. Caby was a misclassified employee, which means you will likely be found personally liable as her employers. Please review and get back to me promptly so we can hopefully resolve the situation amicably and avoid further escalation. Sincerely, J.R. J.R. Skrabanek, Esq. Partner, Thompson & Skrabanek, PLLC (646) 568-4280 | jrs@ts-firm.com www.ts-firm.com 42 W. 38th Street, Suite 1002 New York, NY 10018 Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact me by responding to this e-mail and please destroy all original copies of the message. P Please consider the environment when deciding whether to print this email. Thank you. P On Wed, Jun 8, 2022 at 4:20 PM Jack Doherty wrote: Hello- Attached please find the company's response to the demand letter. We appreciated the time we spent working with Sammi, and we are very much interested in resolving this amicably. Sincerely, John -- This email is for the sole use of the intended recipient(s) and may contain confidential information and privileged information exempt from disclosure under applicable law. Unauthorized review, use, or distribution is prohibited. On Wed, Jun 8, 2022 at 7:26 AM Thompson & Skrabanek wrote: Attached please find correspondence to Forest Park Group from J.R. Skrabanek, Esq. on behalf of our client, Samantha Caby. Additional copies to follow by mail as indicated. Thompson & Skrabanek, PLLC (646) 568-4280 | contact@ts-firm.com www.ts-firm.com 42 W. 38th Street, Suite 1002 New York, NY 10018 Confidentiality Notice: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information exempt from disclosure under applicable law. Unauthorized review, use, disclosure, or distribution is strictly prohibited. If you are not the intended recipient, please contact us by responding to this e-mail and destroy all original copies of the message. FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 6 RECEIVED NYSCEF: 11/10/2023 05/29/2023 -- John F. Doherty Founder & CEO Phone: +1 504 909 9628 01 - 2022-08-03_Caby_Summons & Complaint.pdf 89K FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 7 RECEIVED NYSCEF: 11/10/2023 05/29/2023 Exhibit B FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 7 RECEIVED NYSCEF: 11/10/2023 05/29/2023 AFFIDAVIT OF NON-SERVICE Case: Court: County: Job: 652733/2022 SUPREMECOURT OF THE STATEOF NEW YORKCOUNTY WASHINGTON, NY 7512743 OF WASHINGTON Plaintiff / Petitioner: Defendant / Respondent: "Jack" Samantha Caby John F. Doherty Received by· For: Jessica Warren Thompson & 5krabanek, PLLC To be served upon: john "Jack" F. Doherty say· I am over the age of 18 years and not a party to this action, and that withm the LJESSICAWARREN, being duly sworn, depose and of boundaries of the state where service was effected, I was authorized by law to make service of the documents and informed said person the contents herein "lack" F. Recipient Name / Address: john Doherty, 5603 Hawthorne Place, New Orleans. LA 70124 Manner of Service: Bad Address Documents: Summons & Complaint (Received Aug 15. 2022 at 4:49pm CDT), Notice of e-Fillng (Received Aug 15. 2022 at 4:49pm CDT) Additional Comments: 70124 1) Unsuccessful Attempt Aug 16, 2022, 1:50 pm CDT at 56D3 Hawthorne Place, New Orleans, LA Servee does not reside. Although wlUIng to accept, his mom confirmed that his address is 1 Franklin Parkway in San Mateo California JESSICAWARRE Date lessica Warren 3372479027 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 8 RECEIVED NYSCEF: 11/10/2023 05/29/2023 Exhibit C FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 11:16 02:30 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. One Franklin 8 29 Parkway X Restaurants Ism Hotels @ Things to do @ Transit P Parking s Pharmacies ATMs RECEIVED NYSCEF: 11/10/2023 05/29/2023 St Park Place at San 4, Mateo Apartments om s Crunch Fitness - San IV0ateo 6 Mendocino Farms Starbucks One Franklin Parkway Transit station 95 Whole Foods Market Roblox The Splurgiest o to Save Way Overview About One Franklin Parkway Ä '- Directions Save Nearby Send to Share phone San Mateo, CA 94403 Paddock Park ®9 " " GPV4+FG San California Mateo, ø Send to your phone 9, * BevMo! D Add a label - Quimby The Apartment Collection... / Suggest an edit India Grocery and spice Popular times Mondays 0 rfee lin Pkwy Layers Bright Star Chil r Map data ©2023 United States Terms Privacy Send feedback 200 ft i- FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 11:16 02:30 PM AM INDEX NO. 652733/2022 One Franklin NYSCEF DOC. NO. 8 29Parkway X Restaurants Hotels ["] Things to do @ Transit P Parking Pharmacies ATMs * RECEIVED NYSCEF: 05/29/2023 11/10/2023 ' ne Franklin Parkway Overview About Directions Save Send to Share .. Nearby phone San Mateo, CA 94403 . . " " GPV4+FG San California Mateo, Send to your phone a. o D Add a label / Suggest an edit Popular times Mondays " . . FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 8 BC Tenants Brokers Help Sign RECEIVED up Log in NYSCEF: 11/10/2023 05/29/2023 Q San Mateo, CA Lease & Sale¼ Any Use Any Size No Max Price Search Map > California > San Mateo > 94403 > Bay Meadows Þ× × - Franklin Templeton Investments-BIdg 970 1 Franklin Pkwy,san 515BùCKS Mateo, CA 94403 Contact a Local Tenant Premium Rep Broker Wireless for $15/mo. Rafael.Ramos@compass.c & e ) Compass mob le name* Full Mint Mobile gives you eve ng you need Name* Company for baller wireless at a fraction of the cost number* Phone address* 6 Email u cMapbmco Request Photos Rentosuy tSy ^ E3Send Inquiry Do you represent space here? LEARN MORE > v LCall FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 NYSCEF DOC. NO. 29 8 RECEIVED NYSCEF: 11/10/2023 05/29/2023 @ commercialEdge @ CommercNlEdg Details Contacts Location Save ___ Franklin Templeton - Building 930 Off-Market 1 Franklin Pkwy, San Mateo, CA 94403 FILED: NEW YORK COUNTY CLERK 11/10/2023 05/29/2023 02:30 11:16 PM AM INDEX NO. 652733/2022 , FRANKLIN Individual Investor [0] My Cart About Us Contact Us a Sign In/Register v NYSCEF DOC. NO. 29 8