Free Notice (Other) - District Court of California - California

Case 3:08-cv-03968-TEH

Document 3

Filed 08/21/2008

Page 1 of 3

1 RONALD J. TENPAS
2 Environment and -Natural Resources Division
Assistant Attorney SJeneral

U.S. Department of Justice

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ROBERT D. MULANEY (CaL. Bar No. 116441)
Environmental Enforcement Section
301 Howard Street, Suite 1050
Tel: (415) 7,+4-6491

4 Trial Attorney

5 U.S. Department of Justice
6 San Francisco~ CA 94105

7 Fax: (415) 744-6476
E-mail: Robert.Mullaney(fusdoj.gov
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9 Attorneys for Plaintiff United States of America
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

14 UNITED STATES OF AMERICA,

15 Plaintiff,
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Case No. 3-08-CV-03968 JL
NOTICE OF LA WSUIT AND REOUEST TO WAIVE SERVICE

v.

17 BRALEY MINING COMPANY, and FREDERICK BRALEY, as
18 Trustee of

OF SUMONS

the Worthen Bradley Family Trust,
Defendants.

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Case 3:08-cv-03968-TEH

Document 3

Filed 08/21/2008

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BRALEY MINING 2 COMPANY and the WORTHEN BRALEY F AMIL Y TRUST
To: FREDERICK BRALEY, on behalf of

3 Why are you getting this?
4 A lawsuit has been filed against you, or the entities that you represent, in
5 this court under the number shown above. A copy of the complaint is attached.
6 This is not a summons, or an official notice from the court. It is a request

7 that, to avoid expenses, you waive formal service of a summons by signing and
8 returning the enclosed waiver. To avoid these expenses, you must return the

9 signed waiver within 30 days from the date shown below, which is the date this
10 notice was sent. Two copies of the waiver form are enclosed, along with a

11 stamped, self-addressed envelope for returning one copy. You may keep the other
12 copy.

13 What happens next? you return the signed waiver, I will file it with the court. The action will
14 If

15 then proceed as if you had been served on the date that the waiver is filed, but no

16 summons wil be served on you and you will have 60 days from the date this
17 notice is sent (see the date below) to answer the complaint.

18 If you do not return the signed waiver within the time indicated, I wil
19 arrange to have the summons and complaint served on you, and I wil ask the court

20 to require you, or the entities you represent, to pay the expenses of making service.

21 Please read the enclosed statement about the duty to avoid unnecessary
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23 I certify that this request is being sent to you on the date below.
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25 Date: (\s u 5+ 2ü) 2-~
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ROBERT D. MULANEY Õ

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Trial Attorney Environmental Enforcement Section U.S. Department of Justice
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NOTICE OF LAWSUIT AND REQUEST TO WAIVE SERVICE OF

SUMONS - 3-08-CV-03968 JL

Case 3:08-cv-03968-TEH

Document 3

Filed 08/21/2008

Page 3 of 3

1 OF COUNSEL:

2 LARY BRAFISH
3 U.S. EPA, Region 9

Assistant Regional Counsel
75 Hawthorne Street

4 San Francisco, CA 94105
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NOTICE OF LA WSUIT AND REQUEST TO WAIVE SERVICE OF

SUMONS - 3-08-CV -03968 JL

Case 3:08-cv-03968-TEH

Document 3-2

Filed 08/21/2008

Page 1 of 3

RONALD J. TENPAS Assistant Attorney'peneral 2 Environment and-Natural Resources Division U.S. Department of Justice
3

ROBERT D. MULANEY (CaL. Bar No. 116441)
Environmental Enforcement Section

4 Trial Attorney

5 U.S. Department of Justice 301 Howard Street, Suite 1050
6 San Francisco,- CA 94105 Tel: (415) 744-6491

7 Fax: (415) 744-6476
E-mail: Robert.Mullaney(fusdoj. gov
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9 Attorneys for Plaintiff United States of America
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

14 UNITED STATES OF AMERICA,

15 Plaintiff,
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Case No. 3-08-CV -03968 JL
WAIVER

v.

17 BRALEY MINING COMPANY, and FREDERICK BRALEY, as
18 Trustee of

OF SUMONS

OF SERVICE

the Worthen Bradley Family Trust,
Defendants.

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Case 3:08-cv-03968-TEH

Document 3-2

Filed 08/21/2008

Page 2 of 3

1 To: Robert Mullaney, trial attorney for the United States of America
2 I have received your request to waive service of a summons in this action
3 along with a copy of the complaint, two copies of

this waiver form, and a prepaid

4 means of returning one signed copy of the form to you.
5 I, or the entities that I represent, Bradley Mining Company and the Worthen

6 Bradley Family Trust, agree to save the expense of serving a summons and
7 complaint in this case.

S I understand that I, or the entities that I represent, Bradley Mining Company

10 lawsuit, the court's jurisdiction, and the venue of

9 and the Worthen Bradley Family Trust, wil keep all defenses or objections to the the action, but that I waive any

11 objections to the absence of a summons or of service.

12 I also understand that I, or the entities that I represent, Bradley Mining
13 Company and the Worthen Bradley Family Trust, must file and serve an answer or

14 a motion under Rule 12 within 60 days from August 20,2008, the date when this
15 request was sent. If I fail to do so, a default

judgment wil be entered against me

16 or the entities that I represent.
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18 Date:
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FREDERICK BRADLEY Trustee Worthen Bradley Family Trust

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22 Date:
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FREDERICK BRADLEY President Bradley Mining Company

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WAIVER OF SERVICE OF SUMONS - 3-08-CV -03968 JL

Case 3:08-cv-03968-TEH

Document 3-2

Filed 08/21/2008

Page 3 of 3

2 Rule 4 of

Duty to Avoid Unnecessary Expenses of Serving a Summons Civil Procedure requires certain defendants
the Federal Rules of

3 to cooperate in saving unnecessary expenses of serving a summons and complaint.

4 A defendant who is located in the United States and who fails to return a signed
5 waiver of service requested by a plaintiff located in the United States will be
6 required to pay the expenses of service, unless the defendant shows good cause for

7 the failure.
8 "Good cause" does not include a belief that the lawsuit is groundless, or that

9 it has been brought in an improper venue, or that the court has no jurisdiction over
10 this matter or over the defendant or the defendant's property.

11 If this waiver is signed and returned, you can stil make these and other
12 defenses and objections, but you cannot object to the absence of a summons or of

13 service.
14 If

you waive service, then you must, within the time specified on the waiver

15 form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy
16 with the court. By signing and returning the waiver form, you are allowed more

17 time to respond than if a summons had been served.
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WAIVER

OF SERVICE OF SUMONS - 3-08-CV-03968 JL

Case 3:08-cv-03968-TEH

Document 3-3

Filed 08/21/2008

Page 1 of 2

RONALD J. TENPAS

2 Environment and -Natural Resources Division U.S. Department of Justice
3

Assistant Attorney ßeneral

ROBERT D. MULANEY (CaL. Bar No. 116441)
Environmental Enforcement Section
301 Howard Street, Suite 1050
Tel: (415) 7'14-6491

4 Trial Attorney

5 U.S. Department of Justice
6 San Francisco~ CA 94105

7 Fax: (415) 744-6476
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E-mail: Robert.Muiianey~usdoj.gov

9 Attorneys for Plaintiff United States of America
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

14 UNITED STATES OF AMRICA,
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Plaintiff,
v.

Case No. 3-08-CV -03968 JL

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17 BRALEY MING COMPANY,
18 Trustee of

CERTIFICATE OF SERVICE BY MAIL

and FREDERICK BRADLEY, as the Worthen Bradley Family Trust,
Defendants.

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Case 3:08-cv-03968-TEH

Document 3-3

Filed 08/21/2008

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CERTIFICATE OF SERVICE BY MAIL
2 I, Tammie Sera, hereby certify and declare:
3 1. I am over the age of 18 years and am not a part to this case.

4 2. My business address is 301 Howard Street, Suite 1050, San Francisco,
California 94 1 05.

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know that the

3. I am familiar with my employer's mail collection and processing practices; is collected and depositeâ with the United States Postal Service on the same day it is deposited in interoffce mail; and know that postage thereon is fully prepaid.
mail

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4. Following this practice, on August 20, 2008, I served a true copy ofthe foregoing, attached document(s) entitled:
Notice of Lawsuit and Request to Waive Service of Summons Complaint for Cost Recovery Waiver of Service of Sumons ECF Registration Information Handout Order Setting Initial Case Management Conference and ADR Deadlines Notice of Assignment of Case to a United States Magistrate Judge for Trial
by placing it in an addressed sealed envelope with 'postage fully prepaid, and depositing it in to the following: mail regularly maintained interoffce
Jon K. Wactor, Esq.

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Wactor & Wick 180 Grand Avenue, Suite 950 Oakland, CA 94612
I declare under the penalty of perjury that the foregoing is true and correct.

Executed on August 20, 2008, at San Francisco, California.

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CERTIFICATE OF SERVICE BY MAIL - 3-08-CV-03968 JL