Case 1:18-cv-11376-GBD Document 98 Filed 07/26/19 Page 1 of 2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

)
IN RE APHRIA, INC. SECURITIES ) Case No. 18 Civ. 11376 (GBD)
LITIGATION )
)
) CLASS ACTION
)
) PROOF OF SERVICE RE:
) ANDREW DEFRANCESCO
)
)
)
)
I, Adam M. Apton, hereby declare as follows:

1. I am a Partner at Levi & Korsinsky, LLP, with offices at 55 Broadway, 10th Floor,

New York, New York 10006, attorneys for Lead Plaintiff Shawn P. Cunix and Plaintiff Elizabeth

Alexander (“Plaintiffs”). I am admitted to the Bars of the State of New York and California as

well as the District of Columbia. I am submitting this declaration as proof of service against

Defendant Andrew DeFrancesco.

2. Upon information and belief, Defendant DeFrancesco resides and/or engages in

business in the State of Florida.

3. On June 12, 2019, at my request a process server attempted to personally serve

Defendant DeFrancesco at his residence. The process server also mailed a copy of the process via

First Class mail to Defendant DeFrancesco’s residence on June 15, 2019. A copy of the process

server’s affidavit of service is attached hereto as Exhibit A.

4. On June 13, 2019, at my request a process server attempted to personally serve

Defendant DeFrancesco at his place of employment. On June 25, 2019, the process server

attempted a second time to personally serve Defendant Defrancesco at his place of employment.

At my direction, a copy of the process was also mailed to Defendant DeFrancesco’s place of

employment. Copies of the process servers’ affidavits of service are attached hereto as Exhibit B.

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5. After having made several attempts to serve Defendant DeFrancesco at his

residence and place of employment, I caused a copy of the summons and amended complaint in

the above-captioned action to be served upon the Florida Secretary of State. See FLA. STAT. §

48.181. On June 25, 2019, the Florida Secretary of State accepted Plaintiffs’ service for Defendant

DeFrancesco. A copy of a letter from the Florida Secretary of State confirming same is attached

hereto as Exhibit C.

6. Pursuant to the Federal Rules of Civil Procedure, Defendant Defrancesco was

required to answer or otherwise respond to the amended complaint within 21 days of service. The

deadline expired on or before July 16, 2019. To date, Defendant DeFrancesco has not answered or

otherwise responded to the amended complaint.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 26th

day of July 2019.

___________________________
Adam M. Apton

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EXHIBIT “A”
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EXHIBIT “B”
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EXHIBIT “C”
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