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

Case 1:07-cv-00550-Gl\/IS-LPS Document 8 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 Ltd., l acknowledge receipt of your request that Wockhardt Ltd.
waive service of a summons in the action of Orion Corp. v. Wockhardt USA, inc. 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 sen/ice of a summons and an additional copy of the complaint
in this lawsuit by not requiring that Wockhardt Ltd. be served with judicial process in the manner
provided by Rule 4 of the Federal Rules of Civil Procedure.
Wockhardt Ltd. 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 service of
the summons.
l understand that a judgment may be entered against Wockhardt Ltd. 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.
/ ·
Date Signature

Name Telephone Numb r and Fax Number
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City, State, ip 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 notihed 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 service
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 party 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 of the action or over its person or
property. A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to
the service ofthe summons), and may later object to the jurisdiction ofthe 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 tile 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 sen1ice,a defendant is
allowed more time to answer than if the summons had been actually sen/ed when the request for waiver of service was received.

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

Document 8

Filed 11/21/2007

Page 1 of 1