and Procedural History 1. On May 7, 2008, service was delivered at defendant Epstein’s house located at 9 East 71st Street, New York, New York, to Richard Barnett, an employee. 2. Mr. Barnett does not reside at that address. See Affidavit of Richard Barnett (attached as Ex. A). 3. Upon the plaintiff

P. A. www.hermanlaw.com - 2 - response as Exhibit “A” the Affidavit of Richard Barnett, who claims to have received the copies of the Summons and Complaint on May 7, 2008 at Defendant Epstein’s residence. In this Affidavit, Mr. Barne

s declaration, the Court cannot determine whether “John Smith” resides at the Manhattan apartment. Further, Defendant has submitted the affidavit of Richard Barnett, who avers that he received copies of the summons and complaint on May 7, 2008, from the process server. (DE 9 Ex. A.) Because Plaintiff has provid

ourt again declines to allow discovery on whether Richard Barnett resides at 3 Defendant’s New York home. Mr. Barn