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

Case 3:O7—cv—O2777-JSW Document 6 Filed O9/O5/2007 Page 1 of 4
1 SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP
2 Alan R. Plutzik, Of Counsel (Bar No. 077785)
L. Timothy Fisher, Of Counsel (Bar No. 1 91626)
3 2125 Oak Grove Road, Suite 120
Walnut Creek, California 94598
4 Telephone: (925) 945-0770
5 Facsimile: (925) 945-8792
6 -and—
7 Joseph H. l\/leltzer
Gerald D. Wells, III
8 Robert J. Gray
280 King of Prussia Road
9 Radnor, PA 19087
10 Telephone: (610) 667-7706
Facsimile: (610) 667-7056
11
12 Attorneys for Plaintiff Anthony Bolea
] 3 UNITED STATES DISTRICT COURT
14 NORTHERN DISTRICT OF CALIFORNIA
I5
I6 ANTHONY BOLEA, on behalf of himself
17 and all others similarly situated, No. C07-02777-JL
18 Plaintiff, NOTICE OF WAIVER OF SERVICE
OF SUMMONS ON DEFENDANTS
I9 vs. l AXA ADVISORS, LLC and AXA
20 EQUITABLE LIFE INSURANCE CO.
I
l
21 AXA ADVISORS, LLC and AXA
EQUITABLE LIFE INSURANCE CO.,
22
23 Defendants.
24
25
26
27
28
NOTICE OF WAIVER OF SERVICE OF SUMMONS
C07-02777-JL

Case 3:O7—cv—O2777-JSW Document 6 Filed O9/O5/2007 Page 2 of 4
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 Please take notice that named defendants in this action, AXA Advisors, LLC and AXA
3 Equitable Life Insurance Co., waived service of summons. The waiver is attached hereto as Exhibit A.
4
5
Dated: August 28, 2007 SCHIFFRIN, BARROWAY, TOPAZ & KESSLER, LLP
6
, I
8 i Alan R. Plutzik
9
Alan R. Plutzik, Of Cotmsel
10 L. Timothy Fisher, Of Counsel
2125 Oak Grove Road, Suite 120
ll Walnut Creek, California 94598
Telephone: (925) 945-0770
12 racsimtte; (925) 945-8792
13 SCHIFFRIN, BARROWAY, TOPAZ & KESSLER, LLP
14 Joseph H. Meltzer
Gerald D. Wells, III
15 Robert .1. Gray
280 King of Prussia Road
16 Radnor, PA 19087
Telephone: (610) 667-7706
17 Facsimile: (610) 667-7056
18 Attorneys for Plaintiff
19
20
21
2 22
23
24
25
26
27
28
NOTICE OF WAIVER OF SERVICE OF SUMMONS
C07—02777-JL

,_ ~ - » Case 3:O7—cv—O2777-JSW Document 6 Filed O9/O5/2007 Page 3 of 4
AU 193 (tw!)
. NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUNIIVIONS
TO (A} AXA ADVISORS , LLNC and AXA EQUITABLE LIFE INSURANCE CO .
as (B) of (C) ‘
A lawsuit has been commenced against you (or the entity on whose behalf you are addressed.)
A copy of the complaint is attached to this notice. lt has been tiled in the United States District Court
for the (D) Northern District of California
and has been assigned docket number (E) COYTOZNLJL .
This is not a format summons or notihcation from the court, but rather my request that you sign and return the
enclosed waiver of service In order to save the cost of serving you with a judicial summons and an additional copy of the
complaint. The cost of service will be avoided ifi receive a signed copy of the waiver within (F) _3 O days after the
date designated below as the date on which this Notice and Request ls sent. I enclose a stamped and addressed envelope
(or other means of cost-free return) for your use. An extra copy of the waiver is also attached for your records.
` _lf you comply with this request and return the signed waiver, lt will be tiled with the court and no summons wilt be
served on you. The action will then proceed as it you had been served on the date the waiver is tiled, except that you will
not be obligated to answer the complaint before 60 days from the date designated below as the date on which this notice
is sent (or before 90 days from that date if your address is not in any judicial district ofthe United States.)
If you do not return the signed waiver within the time indicated, l will take appropriate steps to effect formal service
in a manner authorized by the Federal Rules of Civit Procedure and will then, to the extent authorized by those Rules, ask
the court to require you (or the party on whose behalf you are addressed) to pay the full costs of such service. ln that
connection, please read the statement concerning the duty of parties to waive the service of the summons, which is set
forth at the foot of the waiver form.
l athrm that this request ls being sent to youon behalf ofthe piaintlff, this 22nd day of August ’ 2097 .
Signature of Plaintiffs Attomey an · U Z1
O,[’ Unrepresented Plaintiff
A`- Name of Individual defendant (or name of officer or agent of corporate defendant)
B · Title, or other reiationshlp of Individual to corporate defendant
C · Name of corporate defendant. lf any
D - Dlstrlcl `
E - Docket number of action
F- Addresses must be given at least 30 days (60 days if located In foreign country) In which to return waiver -
vt
is

G . - · Case 3 :O7—cv—O2777-JSW Document 6 Filed O9/O5/2007 Page 4 of 4
we rrrtr iorvir
Q Cl_e_a r Form .
VVAIVER OF SERVICE OF SUI)/Il)/[ONS i
[NAME OF l’l.AlNTlFF`S ATTORNEY OR UNREPRESENTED PLAINTIFF)
[_ AXA ADVISORS , LLC and AXA EQUITABLE LIFE ,aCkHOWrEdg€ §.cCGiptOfy0uI1_€qu€Sl
rorsrennanr nrn~·tl€1NSURANCE CO .
that I waive service of summons in the action of ANTHONY BOLEA V' AXA ADVISORS and AXA EQUITABLE
rcarrrron or rrerronr LIFE TNSURFINCE C0 -
which is case number C07“O2777‘H·‘ in the United States District Court
(DOCKET NUMBER)
for the Northern District of California.
I have also received a copy ofthe complaint in the action, two copies of this instrument, and a
means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint in this
lawsuit by not requiring that I (or the entity on whose behalfl am acting) be served with judicial process
in the manner provided by Rule 4. ·
I (or the entity on whose behalfl am acting) will retain all defenses or objections to the lawsuit or
to thejurisdictiorr or venue ofthe court except for objections based on a defect in the summons or in the
service of the summons.
Iunderstand that a judgment may be entered against me (or the party on whose behalf Iam acting)
if an
answer or motion under Rule 12 is not served upon you within GU days
8-22-0 7 ,
after
._ roarerreouesr was sent;
or within 90 days after that date if the request was sent o tside the United States.
; rome; rsrcnrrrurrr-zi
prrrrr arryparr name; Adfiétn J . Sawyer
As AUZOYDGY or Defendants
rrrrrsi rcnrrporrsrs cerenornm
Duty to Avoid Unnecessary Costs of Service 0f Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service ofthe summons
and complaint. A defendant located in the United States who, after being notified ofan action and asked by a plaintiff located inthe 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.
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 ofthe 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 sununons), and may later
object to thejurisdiction of the court or to the place where the action has been brought.
A defendant who waives service must within thetirne specified on the waiver form serve on the plaintiff`s attorney (orunrepresented plaintiff)
a response to the complaint and must also file a signed copy ofthe response with the court. lfthe answer or rrrotion is not served within this tirrre,
a defatrltjudgrnent may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than iftlre summons had
been actually served when the request for waiver of service was received.

Case 3:07-cv-02777-JSW

Document 6

Filed 09/05/2007

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Case 3:07-cv-02777-JSW

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Case 3:07-cv-02777-JSW

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Case 3:07-cv-02777-JSW

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