Free Notice (Other) - District Court of Delaware - Delaware

Case 1:07-cv-00407-SLR Document 5 Filed 07/18/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDPOINTE HEALTHCARE INC., 3
Plaintiff, )
3
V` ) C. A. No. 07-407-SLR
)
SUN PHARMACEUTICAL INDUSTRIES )
rrp. g
Defendant. g
NOTICE OF LODGING OF WAIVER OF SERVICE OF SUMMONS OF SUN
PHARMACEUTICAL INDUSTRIES LTD.
TO: Francis J. Murphy, Jr., Esq. Scott B. Feder, Esq.
Murphy, Spadaro & Landon Lord Bissell & Brook LLP
1011 Centre Road, Suite 210 lll South Wacker Drive
Wilmington, DE 19805 Chicago, IL 60606·4410
Please take notice that pursuant to Federal Rule of Civil Procedure 4 Plaintiff Medpointe
Healthcare Inc. has lodged the attached waiver of service of summons of Defendant Sun
Pharmaceutical industries Ltd. with the Court.
Frgerick L. Isottreil, III (#2555)
Of Counsel: cottrell@rlt`.com
Jameson A. L. Tweedie (#4927)
John M. Desmarais tweedie@rl£com
Peter I. Armenio Richards, Layton & Finger
Anne S. Toker One Rodney Square, P.O. Box 551
Kirkland & Ellis LLP Wilmington, DE 19899
Citigroup Center (302) 651—7'/00
153 East 53rd Street Atrorneysfor Plc2intW`MedP0i12te Healthcare
New York, New York 10022 Inc.
Dated: July 18, 2007
RIF]-3178493-1

Case 1:07-cv-00407-SLR Document 5 Filed 07/18/2007 Page 2 of 3
WAIVER OF SERVICE OF SUMMONS
(Sun Pharmaceutical Industries lnc )
TO: Frederick L,. Cottrell, III, Esq., Richards, Layton & Finger P.A., One Rodney Square, PO. Box
55i, Wilmington, DE 19899
I, Scott B. Feder, as the designated agent in the United States authorized to accept service of
process for Sun Pharmaceutical Industries Ltd. in connection with Abbreviated New Drug Application
("ANDA") 78-738, acknowledge receipt of your request that Sun Pharmaceutical Industries Ltd. waive
service of summons in the action of M’en'P0inIe Heal'!/rcnre Inc. v. Sim P/rcrrnmcezrrical Irrdrrsrries Ltd,
which is case number 07-407 in the United States District Court for the District of Delaware.
I have also received a copy ofthe complaint in the action, two copies ofthe Notice Of Lawsuit
And Request For Waiver Of Service Of Summons (Sun Pharmaceutical Industries Ltd.) and 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 Sun Pharmaceutical industries Ltd., the entity on whose behalf E am acting,
be served with judicial process in the manner provided by Rule dl
Sun Pharmaceutical industries Ltd., the entity on whose behalf I am acting, will retain all
defenses or objections to the lawsuit except for objections based on a defect in the summons or in the
service ofthe summons or objections to thejurisdiction or venue ofthe court.
I understand that ajudgment may be entered against Sun Pharmaceutical Industries Ltd., the party
on whose behalf I am acting, if an answer or motion under Rule l2 is not served upon you within 60 days
after June 27, 2007.
tot', ll 2007
(DATE) ,=‘ (SlGNA'i”liR.E)
Printed! Typed Name: SCSU B. Iicder
As the designated agent in the United States authorized
to accept service of process for Sun Pharmaceutical industries
Ltd. in connection with Abbreviated New Drug Application
("ANDA") T/$$738
DUTY TO AVOID 'UNNECESSARY COSTS OF SERVICE OF Si.il\·lM(}NS
Rule 4 ofthe 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 ofan action and asked by plaintiff located in the
United States to waive service ofsurnmons, tails to do so will be required to bear the cost of such service unless good cause be shown for its
failure 10 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 ofthe action or over its person or property A party who
waives service ofthe summons retains all defenses and objections (except any relating to the summons or to the service ofthe summons), and
may later object lothejurisdiction 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 plaintiffs attomey(or unrepresented
plaintilt) a response to the compiaintand must also liie a signed copy ofthe response with the court lfthe answer or motion is not served within
this time, a defaultjudgment may be taken against that defendant l3y waiving service, a defendant is allowed more time to answer than if the
summons had been actually served when the request for waiver ofscrviee was received
ttL.Ft—3t7t752—t

Case 1:07-cv-00407-SLR Document 5 Filed 07/18/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on .July 18, 2007, I electronically tiled the foregoing with the Clerk
of Court using CM/EGF which will send notification of such tiling(s).
The following have also been served as noted:
BY HAND DELIVERY
Francis J . Murphy, J12, Esq,
Murphy, Spadaro & Landon
1011 Centre Road, Suite 210
Wilmington, DE 19805
BY FEDERAL EXPRESS
Scott B. Feder, Esq.
Lord Bissell & Brook LLP
lll South Wacker Drive
Chicago, IL 60606-44lO
Jaéeson E. L. Tweedie (#4927)
[email protected]
RLFl-3l795E3-E