Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CK2, LLC
Index No. 651383/2023
Plaintiff,
vs.
AFFIDAVIT OF
JAKE DAVID SHAPIRO, KARINA SHREEFER
Defendant.
I, Karina Shreefer, declare under penalty of perjury as follows:
1. I am an attorney, an international litigation consultant, and owner of Shreefer Law
Firm, LLC in Merriam, Kansas. For the past 19 years I have advised attorney clients how to
properly serve foreign defendants pursuant to international treaties and statutes, including service
upon defendants located in Spain.
2. Spain is a signatory to the Hague Convention of 15 November 1965 on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague
Convention”), a multilateral treaty regulating service of process among member nations. The
United States Supreme Court has mandated use of the Hague Convention wherever it is in effect,
holding that the Hague Convention “provide[s] a simpler way to serve process abroad, to assure
that defendants sued in foreign jurisdictions would receive actual and timely notice of suit, and
to facilitate proof of service abroad.” See Volkswagenwerek AG v. Schlunk, 486 US 694, 698
(1988).
3. Pursuant to its declarations to the Hague Convention, Spain permits service in its
country pursuant to Article 5 of the Treaty, via the Spanish government. Service is initiated by
1
1 of 4
FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023
submitting a Hague Service Request to the Spanish Central Authority (“CA”) located within the
Spanish Ministry of Justice in Madrid.
4. The CA reviews the Request for compliance with the Treaty and then forwards it
to a local Spanish court having jurisdiction over the defendant. The local court is then responsible
for service.
5. On or about April 5, 2023, plaintiff’s attorneys engaged the Shreefer Law Firm,
LLC to effect service of process upon defendant Jake David Shapiro (“Shapiro”) located in Spain.
6. Since I was retained by plaintiff’s counsel, I coordinated the translation into
Spanish of the Summons, Verified Complaint, and Notice of Electronic Filing and prepared the
Hague Request for their service.
7. On April 12, 2023, I sent via FedEx to the Spanish Central Authority a Hague
Request, copy attached as Exhibit A, with the documents to be served appended in English and
in Spanish. The Hague Request was delivered April 20, 2023, per the FedEx receipt and proof of
delivery attached hereto as Exhibit B.
8. I have not yet received a Hague Certificate of service for Defendant Shapiro. On
July 27, 2023, in response to my July 11 e-mail, the Spanish Central Authority e-mailed to me a
letter, copy attached as Exhibit C, indicating the Hague Request had been sent to the local court
on May 24, 2023. The English translation of the letter reads:
In relation to the request for international judicial assistance, dated 04/12/2023, from the
United States authorities from America, regarding Mr./Ms. Jake David Shapiro,
communicates that, on 05/24/2023, said request was sent to the competent Spanish judicial
authorities, without having received a response from said authorities. However, I inform
you that on this same date a new request for information was sent to the requested
authority.
Madrid on 07/25/2023
BY THE CENTRAL AUTHORITY
2
2 of 4
FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023
9. On October 3, 2023, I received an e-mail from the CA, copy attached as Exhibit
D, indicating it had mailed the local court a request for an update. The English translation of that
e-mail reads as follows:
Good morning
On 07/25/2023 we sent a written reminder to the Court, requesting information about the
processing status of your request, which was sent on 05/25/2023 in electronic format, by
email.
We did not receive a response.
We send the application again, this time in paper format, by postal mail.
Atentamente,
La Autoridad Central Española (Eva C)
Subdirección General de Cooperación Jurídica Internacional
Ministerio de Justicia
c/ San Bernardo, 62
10. Despite repeated attempts, I have been unable to obtain further updates from the
Central Authority.
11. During the past 19 years, I have successfully served dozens of defendants in Spain
pursuant to the Hague Service Convention. In my experience, service typically takes 4 – 7 months
assuming no obstacles. Unfortunately, there is no time frame within which a Central Authority
must serve. I will continue to follow up with the CA until I receive the Hague Certificate.
12. Article 15 of the Hague Service Convention specifically allows that a judgment
may be given even if no Certificate of service has been received as long as the Hague Request
was transmitted by a method allowed by the Treaty at least six months prior to the date of
judgment.
3
3 of 4
FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023
I declare under penalty of perjury that the foregoing is true and correct.
20th
Executed in Merriam, Kansas this day of October 2023.
Karina Shreefer, Esq.
On theo70% of October in the year 2023 before the
day me, undersigned, personally
appeared Karina Shreefer personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged
to me that the individual executed the same in the individual's capacity and that by the individual's
signature on the instrument, the individual or the person upon behalf of whom the individual acted,
executed the instrument.
N ary P ic
TAVIA SHREEFER
Notary Public. State of Kansas
My ppointment Expires
4
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CK2, LLC Index No. 651383/2023 Plaintiff, vs. AFFIDAVIT OF JAKE DAVID SHAPIRO, KARINA SHREEFER Defendant. I, Karina Shreefer, declare under penalty of perjury as follows: 1. I am an attorney, an international litigation consultant, and owner of Shreefer Law Firm, LLC in Merriam, Kansas. For the past 19 years I have advised attorney clients how to properly serve foreign defendants pursuant to international treaties and statutes, including service upon defendants located in Spain. 2. Spain is a signatory to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention”), a multilateral treaty regulating service of process among member nations. The United States Supreme Court has mandated use of the Hague Convention wherever it is in effect, holding that the Hague Convention “provide[s] a simpler way to serve process abroad, to assure that defendants sued in foreign jurisdictions would receive actual and timely notice of suit, and to facilitate proof of service abroad.” See Volkswagenwerek AG v. Schlunk, 486 US 694, 698 (1988). 3. Pursuant to its declarations to the Hague Convention, Spain permits service in its country pursuant to Article 5 of the Treaty, via the Spanish government. Service is initiated by 1 1 of 4 FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023 submitting a Hague Service Request to the Spanish Central Authority (“CA”) located within the Spanish Ministry of Justice in Madrid. 4. The CA reviews the Request for compliance with the Treaty and then forwards it to a local Spanish court having jurisdiction over the defendant. The local court is then responsible for service. 5. On or about April 5, 2023, plaintiff’s attorneys engaged the Shreefer Law Firm, LLC to effect service of process upon defendant Jake David Shapiro (“Shapiro”) located in Spain. 6. Since I was retained by plaintiff’s counsel, I coordinated the translation into Spanish of the Summons, Verified Complaint, and Notice of Electronic Filing and prepared the Hague Request for their service. 7. On April 12, 2023, I sent via FedEx to the Spanish Central Authority a Hague Request, copy attached as Exhibit A, with the documents to be served appended in English and in Spanish. The Hague Request was delivered April 20, 2023, per the FedEx receipt and proof of delivery attached hereto as Exhibit B. 8. I have not yet received a Hague Certificate of service for Defendant Shapiro. On July 27, 2023, in response to my July 11 e-mail, the Spanish Central Authority e-mailed to me a letter, copy attached as Exhibit C, indicating the Hague Request had been sent to the local court on May 24, 2023. The English translation of the letter reads: In relation to the request for international judicial assistance, dated 04/12/2023, from the United States authorities from America, regarding Mr./Ms. Jake David Shapiro, communicates that, on 05/24/2023, said request was sent to the competent Spanish judicial authorities, without having received a response from said authorities. However, I inform you that on this same date a new request for information was sent to the requested authority. Madrid on 07/25/2023 BY THE CENTRAL AUTHORITY 2 2 of 4 FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023 9. On October 3, 2023, I received an e-mail from the CA, copy attached as Exhibit D, indicating it had mailed the local court a request for an update. The English translation of that e-mail reads as follows: Good morning On 07/25/2023 we sent a written reminder to the Court, requesting information about the processing status of your request, which was sent on 05/25/2023 in electronic format, by email. We did not receive a response. We send the application again, this time in paper format, by postal mail. Atentamente, La Autoridad Central Española (Eva C) Subdirección General de Cooperación Jurídica Internacional Ministerio de Justicia c/ San Bernardo, 62 10. Despite repeated attempts, I have been unable to obtain further updates from the Central Authority. 11. During the past 19 years, I have successfully served dozens of defendants in Spain pursuant to the Hague Service Convention. In my experience, service typically takes 4 – 7 months assuming no obstacles. Unfortunately, there is no time frame within which a Central Authority must serve. I will continue to follow up with the CA until I receive the Hague Certificate. 12. Article 15 of the Hague Service Convention specifically allows that a judgment may be given even if no Certificate of service has been received as long as the Hague Request was transmitted by a method allowed by the Treaty at least six months prior to the date of judgment. 3 3 of 4 FILED: NEW YORK COUNTY CLERK 10/20/2023 01:44 PM INDEX NO. 651383/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/20/2023 I declare under penalty of perjury that the foregoing is true and correct. 20th Executed in Merriam, Kansas this day of October 2023. Karina Shreefer, Esq. On theo70% of October in the year 2023 before the day me, undersigned, personally appeared Karina Shreefer personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that the individual executed the same in the individual's capacity and that by the individual's signature on the instrument, the individual or the person upon behalf of whom the individual acted, executed the instrument. N ary P ic TAVIA SHREEFER Notary Public. State of Kansas My ppointment Expires 4 4 of 4