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

Case 1:07-cv-00550-Gl\/IS-LPS Document 9 Filed 11/21 /2007 Page 1 of 1
Waiver of Service of Summons
TO: Charles E. Lipsey, Susan H. Griffen and Bryan C. Diner, Finnegan, Henderson,
Farabow, Garrett & Dunner, LLP, 901 New York Avenue, N.W., Washington, D.C.
20001 -441 3.
On behalf of Wockhardt USA, lnc., l acknowledge receipt of your request that Wockhardt
USA, lnc. waive service of a summons in the action of Orion Corp. v. Wockhardt USA, lnc. and
Wockhardt Ltd., which is case number 07-550 in the United States District Court for the District
of Delaware. l have also received a copy of the complaint in the action, two copies of the waiver
form, and a means by which l can return the signed waiver to you without cost to me.
l agree to save the cost of service of a summons and an additional copy of the complaint
in this lawsuit by not requiring that Wockhardt USA, lnc. be served with judicial process in the
manner provided by Rule 4 of the Federal Rules of Civil Procedure.
Wockhardt USA, Inc. will retain all defenses or objections to the lawsuit or to the
jurisdiction or venue of the court except for objections based on a defect in the summons or in
the senrice of the summons.
I understand that a judgment may be entered against Wockhardt USA, lnc. if an answer
or motion under Rule 12 is not served upon you within 60 days after September 26, 2007, or
within 90 days after that date if the request was sent outside the United States.
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Street Address Relation ip to Wockhardt USA, lnc.
City, State, Qiip Code
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service
of the summons and complaint. A defendant located in the United States who, after being notified of an action and asked by a
plaintiff located in the United States to waive service of summons, fails to do so will be required to bear the cost of such senrice
unless good cause be shown for its failure to sign and return the waiver.
lt is not good cause for a failure to waive service that a pany believes that the complaint is unfounded, or that the action
has been brought in an improper place or in a court that lacks jurisdiction over the subject matter ofthe action or over its person or
property. A party who waives senrice of the summons retains all defenses and objections (except any relating to the summons or to
the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.
A defendant who waives service must within the time specified on the waiver form serve on the plaintiffs attorney (or
unrepresented plaintiff), a response to the complaint and must also Hle a signed copy of the response with the court. lf the answer
or motion is not served within this time, a defaultjudgment may be taken against the defendant. By waiving service, a defendant is
allowed more time to answer than if the summons had been actually senred when the request for waiver of senrice was received.

Case 1:07-cv-00550-GMS-LPS

Document 9

Filed 11/21/2007

Page 1 of 1