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

Case 1 :08-cv-00390-JJ F Document 6 Filed 08/1 1/2008 Page 1 of 1
for the
District of Delaware
Wyeth , )

Plaintiff )
_ y. ) Civil Action N0, 084390
Bi0ve.1l C01:p0rai:1011, ei: al. », )
Defendant )
Waiver of the Service of Summons
TO; Jack B. Blumenfeld, Esquire/Karen Jacobs Louden, Esquire

(Name ofthe plaintyfs aitcmey or unrepresented plaintw')
I have received your request to waive service of a summons in this action along with a copy of thecomplaiiit,
two copies of this waiver form, and a prepaid means 0freti1rx1ingi0ne`sigued copy of the form to you.
I, or the entity I represent, agree to save the expense f0f"se1·vil1gra's·u¤u*x10nS- dud complaint in this case.
I understand that I, or the entity I represent, will keep all defénées or ‘ objections to the lawsuit, the courifs
jurisdiction, and the venue ofthe action, but that I waive any objections to the absence of a summons or oftscrvice.
I also understand that I, or the entity I represent, must tile and serve an answer ora motion under Rule I2 within
60 days from 06/27/2008 , the-date when thisirequest was sent (or 90 days if it wassent outsideithe
United States). If I fail to do so, a default judgment willibe entered ageinst me or the e ° ' ity I represent.
/7
Date 2 A ag J / A
Sign ture of iheattoniey or unrep sented party
Paul S . Tully
ON BEHALF OF BIOVAIL CORPORATION ,
B10vA1L LABORATORIES 1m·ERNA:r10NAL Pmwd mm°
McDonnell Boehnen Hulbert; & Berghoff LLP
SRL , and BIOVAIL TECHNOLOGIES , LTD .
300 S. Wacker Drive, 32nd F1 ., Chicago, IL 60606
. , , . -,.4....,. ., ,. ... ..,. - ,... ,A-..r,..-..,,.-_....,-e.........,,,......,....e...,,..-..............,.,...`..r...........~.».·i.......i,>,................................i......... .............. ....·..
Address
tul 1y@mbhb . com ,

Email address
312-935-2379

Telephone number
` t Duty to Avoid Unnecessary Expenses 0fYScrving a Summon:
Rule 4 ofthe Federal Rules of Civi l Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving a summons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
the United States will be required w pay the expenses of service, unless the defendant shows good cause for the failure.
"Good cause" does not include a belief that the lawsuit is gmundiess, or that it has been brought in au improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendanfs property.
If the waiver is signed and retumed, you can still make these and all other defenses and objections, but you cannot object to the absence of
8 SUTHXTXOTIS O1' OfSCl’VlCC.
If you waive service, then you must, within the time specified on the waiver fomi, serve an answer or a motion under Rule 12 on the plaintiff
and file a copy with the court, By signing and renaming the waiver form, you are allowed more time to respondthzm ifasummons had been served.

Case 1:08-cv-00390-JJF

Document 6

Filed 08/11/2008

Page 1 of 1