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

Case 1 :06-cv-00028-SLFi—LPS Document 28 Filed 04/ 1 2/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
MCKESSON AUTOMATION, INC.,
l’l¤i¤*if£ CA N0. 06~028 (KAJ)
SWISSLOG HOLDING AG,
SWISSLOG MANAGEMENT AG,
TRANSLOGIC CORPORATION, and
SWISSLOG NORTH AMERICA, .
Defendants.
WAIVER OF SERVICE OF SUMMONS
To: Lawrence C. Drucker
I acknowledge receipt of your request that Swisslog Holding AG and
Swisslog Management AG waive service of a summons in the action of McKess0n
Automation, Inc. v. Swisslog Holding AG, which is case number 06-028 (KAI) in the
United States District Court for the District of Delaware. I have also received a copy of
the complaint in the action, two copies of this instrument, and a means by which I can
retum 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 Swisslog Holding AG and Swisslog
wo 476034.l

Case 1 :06-cv-00028-SLFl—LPS Document 28 Filed 04/12/2006 Page 2 of 3
Management AG be served with judicial process inthe manner provided by Rule 4 of the
Federal Rules of Civil Procedure.!
Swisslog Holding AG and Swisslog Management AG 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 ofthe summons.
I understand that a judgment may be entered against Swisslog Holding AG
and Swisslog Management AG if an answer or motion under Rule 12 is not timely
served.
Dated: March E, 2006
Lawrence C. Drucker
Dickstein Shapiro Morin & Oshinsky LLP
1177 Avenue of the Americas
New York, NY 10036-2714
(212) 896-3715
Attorneys for Dekndants
I DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMON S
Rule 4 of' the Federal Rules of Civil Procedure requires certain patties 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 a
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 retum the waiver.
It 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 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 attomey (or unrepresented plaintiff) a response to the complaint and must also file a signed copy
of the response with the court. lf the answer or motion is not served within this time, a default judgment
may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than
if the summons had been actually served when the request for waiver of service was received.
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Case 1:06-cv-00028-SLFl—LPS Document 28 Filed O4/12/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I, Dale R. Dubé, Esquire, do hereby certify that on this 12th day of April, 2006, I caused
copies of WAIVER OF SERVICE OF SUMMONS to be served in the manners indicated upon
the following:
VIA ELECTRONIC FILING
Julia Heaney, Esquire ·
Morris, Nichols, Arsht & Tunnell LLP
1201 N. Market Street
Wilmington, DE 19801
VIA FEDERAL EXPRESS
Richard LaCava, Esquire
Lawrence C. Drucker, Esquire
A1fred Fabricant, Esquire
Dickstein Shapiro Morin & Oshinsky LLP
1177 Avenue of the Americas
New York, NY 10036
BY?
Dale R. Dubé (DE # 2863)
124402.0060l/40159672v.l