Free Waiver of Service Executed - District Court of Colorado - Colorado

Case 1:03-cv-01095-JLK-GJR

Document 172

Filed 09/20/2007

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United StatesDistrict Court DISTRICT COLORADO OF WAIVER SERVICE OF OF SECOND AMENDED NOTICE CONDEMNATION OF Civil Action No. 03-cv-0109S-JLK-GJR UNITED STATES AMERICA, OF Plaintiff.
V.

ACRES LAND. 60.52 OF MORE LESS. OR LOCATED IN LA PLATA COUNTY. STATE COLORADO: OF SHIRL EY G A R ; IS CHARLES ISGAR: STATEOF COLORADO; WHEELER ONETRUST; TRUST; COLLYER FAMILY LA PLATA COUNryTREASURER; CH EVR O N .S .AIN C ,; U . TRIBE; SOUTHERN INDIAN UTE LA PLATA ELECTRIC ASSOCIATION, INC.; ATMOSENERGY CORPORATION ; CORPORATION; and QWEST UNKNOWN OWNERS, any, if Defendants.

NOTICE
TO: Stephen Taylor D. Assistant U.S.Attorney Attorney Officeof the United States 1225Seventeenth Street Suite700 Denver, CO 80202 I acknowledge receipt yourrequest ATMOS of that ENERGY CORPORATION

Case 1:03-cv-01095-JLK-GJR

Document 172

Filed 09/20/2007

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waiveservice the Second Amended Notice Condemnation the abovecaptioned of of in condemnation action whichis designated CivilAction 03-cv-01095-JLK-GJR in No. filed of StatesDistrict Courtfor the District Colorado.I havealsoreceived copy a the United in two Amended Notice Condemnation the action, copies this of of of the Second instrument, a meansby whichI can return signed and the waiver you without to costto me. I agreeto savethe costof service the Second of Amended Notice of Condemnationthislawsuit notrequiring ATMOS in by that ENERGY CORPORATION process the manner provided Rule4 andRule71A,Federal be served withjudicial in by Rules CivilProcedure. of CORPORATION retain defenses objections the will all or to ATMOSENERGY lawsuit to the jurisdiction venueof the courtexcept objections or for basedon a or Amended Notice Condemnation in the service the Second of of defectin the Second or Amended Notice Condemnation. of I understand if ATMOS that, ENERGY CORPORATION desires present to any objections defenses the takingof its property,am required servethe answer or to I to of ATMOSENERGY CORPORATION Plaintiff's upon attorney, the address at designated in the Second Amended Notice Condemnation of withinsixty(60)daysafterMarch27, 2007(thedatethe Notice Lawsuit Request Waiver Service Second of and for of of Notice Condemnation sentto me). Theanswer ATMOS Amended of was of ENERGY CORPORATION identify property whichit claims havean interest, shall the in to state

Case 1:03-cv-01095-JLK-GJR

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the nature and extentof the interest claimed, shallstateall its objections and and defenses the takingof its property. failure to servean answer to A so shallconstitute a consent the taking, to andto the authority the Courtto proceed hearthe action of to and to fix thejust compensation, shallconstitute waiver all defenses and a of and objections so presented. not I further understand without that answering, ATMOS ENERGY CORPORATION mayserveon Plaintiff's attorney notice appearance a of designating property the in whichit claims interest.Thereafter,willreceive an I notice all proceedings of affecting the saidproperty. the trialof the issueof just compensation, At whether notATMOS or ENERGY CORPORATION previously has appeared answered, or ATMOSENERGY CORPORATION present may evidence to the amount the compensation be as of to paidfor the property whichit claims interest, ATMos ENERGY in an and CORPORATION sharein the distribution the amount the compensation. may of of
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Date Printed/typed name: T " p o e o .& \i t( r ' " I 1as Ceuorse lof

Signature

Rule 4 of the FederalRulesof Civil Procedurerequirescertainpartiesto cooperate savingunnecessary in costsof serviceof the summonsand complaint.A defendantlocatedin the UnitedStateswho, after being notifiedof an actionand asked by a plaintifflocatedin the UnitedStatesto waive serviceof a summons,fails to do so

Case 1:03-cv-01095-JLK-GJR

Document 172

Filed 09/20/2007

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will be required bearthe costof suchservice goodcausebe shownfor its to unless failure signand return waiver. to the It is not goodcausefor a failure waiveservice a partybelieves the to that that place in a complaint unfounded, thatthe action beenbrought an improper is or has in or jurisdiction the subject courtthat lacks over matter the action overits person of or or property. partywhowaives A service the summons of retains defenses all and (except relating the summons to the service the summons), objections any to or of and jurisdiction the courtor to the placewherethe actionhas been may laterobject the to of brought. A defendant waives who service mustwithin timespecified the waiver the on (or plaintiff) response the formserveon the plaintiffs attorney unrepresented a to complaint mustalsofilea signed and copyof the response the court.lf the answer with judgment or motion notserved is within time,a default this maybe takenagainst that defendant. waiving By service, defendant allowed a is moretimeto answer thanif the summons beenactually had served whenthe request waiver service for of was received.