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

Case 1:07-cv-00717-SLR Document 4 Filed 11/30/2007 Page 1 of 4 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE =
ADAM BLUMBERG, )
) Q
Plaintiff] ) Case No. 07-7l7(UNA)(l\/JPT)
) E
- against - ) -
) WAIVER OF SERVICE E
AN GELO R. MOZILO, HENRY G. ) OF SUMMONS ·
CISNEROS, ROBERT L. DONATO, )
HARLEY W. SNYDER, JEFFREY M. ) 2
CUNNINGHAM, MARTIN R. MELONE, ) ‘
ROBERT T. PARRY, OSCAR P. )
ROBERTSON, KEITH P. RUSSELL, ) .
MICHAEL E. DOUGHERTY, DAVID ) I
SAMBOL, KATHLEEN BROVVN, and )
COUNTRYWIDE FINANCLAL )
CORPORATION, )
>
Defendants. )
TO: BIGGS AND BATTAGLIA
BARRACK, RODOS & BACINE
The undersigned defendants acknowledge receipt of your request that we waive
service of a summons in the above entitled action, Adam Blumberg v. Angelo R. Mozilo, et al.,
Case No. 07-717 (UNA)(MPT) in the United States District Court for the District of Delaware.
We have also received a copy ofthe complaint in the action, two copies of this instrument, and a
means by which we can return the signed waiver to you without cost to us.
We agree to save the cost of service of the summons and an additional copy of the
complaint in this lawsuit by not requiring that we be served with judicial process in the manner
provided by Rule 4.
Run-32290si-1

Case 1:07-cv-00717-SLR Document 4 Filed 11/30/2007 Page 2 of 4 j
We will retain all defenses or objections to the lawsuit or to the jurisdiction or
venue ofthe Court, except for objections based on a defect in the summons or in the service of
the summons. 3
We understand that a judgment may be entered against us if an answer or a p
motion under Rule 12 is not served upon you within 60 days alter November 9, 2007.
Date: November 30, 2007 Defendants, COUNTRYWIDE
FINANCIAL CORP., ANGELO R. MOZILO, E
HENRY G. CISNEROS, ROBERT J. DONATO,
HARLEY W. SNYDER, JEFFREY M. I
CUNNINGHAM, MARTIN R. MELONE,
ROBERT T. PARRY, OSCAR P. ROBERTSON
KEITH P. RUSSELL, DAVID SAIVIBOL, ,
By their Attorneys: ·
ihomas A. BEE (#20%; Q
beck@rl£com
Steven J. Fineman (#4025) I
tineman@r1tZcom
RICHARDS, LAYTON & FNGER, P.A.
One Rodney Square
P.O. Box 551 I
Wihnington, DE 19801
Telephone: 302.651.7700
OF COUNSEL: .
Brian E. Pastuszenski
Stuart M. Glass
GOODWIN PROCTER LLP E
53 State Street
Exchange Place
Boston, MA 02109
Telephone: 617.570.1000
- 2 - I
RLFI-3229081-1 "

Case 1:07-cv-00717-SLR Document 4 Filed 11/30/2007 Page 3 of 4
Duty T0 Avoid Unnecessary Costs Of Service 0f 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 3
to wive service of a summons, fails to do so will be required to bear the cost of such service
unless good cause can 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 i
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 Q
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. Q
A defendant who waives service must within the time specified on the waiver form serve on the U
plaintiffs attorney (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 q
allowed more time to answer than if the summons had been actually served when the request for l
waiver of service was received.
- 3 -
1u.1=1-32290s1-1 A

Case 1:07-cv-00717-SLR Document 4 Filed 11/30/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that on November 30, 2007, I electronically filed the foregoing document
with the Clerk of Court using CM/ECF which will send notification of such filing(s) and Hand E
Delivered to the following: i
BY HAND DELIVERY BY HAND DELIVERY I
Edward P. Welch, Esquire Robert D. Goldberg, Esquire
Skadden, Arps, Slate, l\/Ieagher & Biggs and Battaglia E
Flom LLP 921 North Orange Street
One Rodney Square Wilmington, DE 19801 Q
Wilmington, DE 9801
Steven J. eiQ#4025) 1
RLFI-3229301-l A

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