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

Case 1 :04-cv-01486-JJF Document 1 1 Filed O3/O4/2005 Page 1 of 1
AO 399 (Delaware Rcv. TWO)
WAIVER OF SERVICE OF SUMMONS
T0¢ 1
:;_.= _ · ¤_-_;-1, 3; IFPS ATTORNEY OR UNREPRESENTED PLAINTH-’F} L
L Kgthmm S Em- [fj Q] Q as gcnm] gmmsgj ,aclcn0wlcdgc rccciptofyuurrcqucst `
(DEFENDANT NAME.)
of Fairfield Language Technologies
that 1 waive service of summons in me action of Kalk v · Fairf 11d Language Technclcglps . et al-
4c.¤u·n0~ OF Acrrom
which is casc numbcr 06+-CV-1486 in thc United States Districtgourt
mccruzr NUMBER) egg:
for the Dzsmct of Dclwaxc. =
I have also rcccivcd a copy ofthe complaint in thc action, two copies of this instrument, and a m?__zms
by which I can return thc signed waiver to you without cost to mc. "' `
I agrcc to save thc cost of scrwcc of a summons and an addmunal copy ofthe c0mp1a1ntmth1slaw un gba
by not requiring that I (or thc entity 011 whose behalf I am acting) be scwcd with judicial process in {Kc
manner provided by Rule 4. °‘Jq w w? p
I (or the entity on whose behalf I am acting) will retain all defenses or obj cctions to thc lawsuit or to
thc jurisdiction or venue of thc court except for objections based on a defect in thc summons cr in thc __
scwicc ofthe summons.
I understand that a judgment may bc entered against mc (or thc pany OH whose behalf I am acting) if i`
an answer or motion under Rule 12 is not served upon you within 60 days after 12/ 2 / 04 , fi
or wnthm 90 days after that date nf thc request was sent cutsn - . 1t _ ; .-~_ . s. (DATE REQUEST S SEM)
;‘—¤*?T£.; . - . -. v,·i ’
wm ' 7 .=.»
primcdyrypcd Name: Mark enSHa1n
Ag counsel gf Fairfield Language Techclogies
(mmm (conroamuz DEFENDANT)
Duty to Avoid Unnecessary Costs of Service of Summnns
Ruic of the Fcdcral Rules of Civil Pmwdurc ruquircw ccrwin panics to coopcmtc in saving unnecessary cosis ofscrvicc ofthe summons
and complaint. A dcfcndant located in thc United States who, after being notified cfun action and asked by as. plaintiff located in thc United States
to wawr: ufsummuns, Rails to do so will bc required to bear thc cost cfsuch unicw good cause bc shown fur its failure tu sign and
rctum thc waiver.
` llr is not good cause for a failure to waive scrvicc that a party bclicvcs that the complaint is unfounded, or that thc action has bwcn brought
1n an rmpmpcr place: ur in a court that lacks jurisdiction cvur the suhjcct matter of thc action ur ovcr its person or pmpcrry. A party who waives
scxjvicc ofthe summons rctains all dcfmscs and objections (except any relating to thc summons or tu thc service ofthc summons), and may Iatcr
object to Lhcjunsdictivn nf the cdirt ur to thc place where the action has been brought
Adcfcndnntwho waives - ~; ip,thctimcspcciHud0nr11c¤raivcrf0rmscwc¤nLhcpEaintiH`sat10mcy(0r1111rcpr:scnt0dplaintiff)
a rcsponsf: tc the complaint and ` " ” signed copy ofth · ; with the court. {fthe answer or mciicn is not served within this {imc,
a dcfaulijudgrncnt maybe taken agumstthutdcfcndant. By wuivi ' " , a defendant is allowed mom 1imc to answer than ifthc summons had
been actually scrvcd when thc rcqucst for waivcr of scrvicc was rcccivcd.