Robert Novak
1550 Sunrise Hwy
Copiague, New York 11726
631.789.5400 Fax 631.789.9340

March 26, 2002

Honorable Magistrate Judge William D. Wall, U.S.M.J.
United States District Court
Long Island Federal Courthouse
843 federal Plaza
Central Islip, New York, 11722-4449

Re: Novak v. Active Window Pub, Et Al No. Cv 01-3566 (DRH-WDW)

Your Honor:

I filed pursuant to your March 1st order an amended complaint on March 25, 2002. There remains a party defendant Tom Barr, who has been evading service of this action. However, in several statements he has made in Internet chat rooms, he openly admits service. In fact, he stated "I got my copy recently." This individual has made further statements in chat rooms "mocking" this Honorable Court, referring to this Court as "Turkey Court"... "Cartoon Court." My complaint alleges this individual to have committed computer fraud, a criminal act!

On July 25, 2001, Mr. Barr signed for certified mail containing a waiver of service, to which he failed to respond. (See attached exhibit). When we attempted personal service, I learned that he no longer resided at that address. I requested an extension of time to serve this individual in September 2001 and requested an information subpoena for his forwarding address from the Postmaster in San Fafael, CA.

In an appearance before your Honor on December 11th, I requested that the application for the subpoena be signed. I respectfully request your Honor to take judicial notice of your comments at that hearing, wherein, to the best of my recollection, you stated that you were going to hold off on issuing subpoenas until you see what's left of this case and until the appearing council's motions are decided, there is no sense in spending money serving these parties, your request for the subpoenas would be denied at this time. Since that time, several of the named parties have settled their part in this case, and in so doing, mooted those applications. I asked the Court for some guidance in this matter in the alternative of an issuance of a subpoena. Would the court order substituted service via certified mail assuming the U.S. Post Office is still forwarding mail at this time, or subpoena his Internet service provider (ISP) for his physical address.

Considering my allegations relating to this defendant, I feel he is a necessary party to this action and must be brought to this Court's jurisdiction.

Very truly yours,

[not signed -MAR]
Robert Novak

By Fax to Robert Folks 845.8779
[the above line was crossed out and "MAILED" handwritten next to it. -MAR]