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

AD 399 (Dchwar: Rcv. TIOD)
Case 1 :05-cv-00220-SLR Docu ment 9 F1 led O4/29/2005 Page 1 of 1
WAIVER OF SERVICE OF SUMMONS
TO: A- Zachary Nay].02: , Esguira
(NAME OF PLArNT1F1=‘s ATTORNEY OR UNREPRESENTED PL.AmT1m
I, ZQHECB * Inc ‘ , acknowledge receipt cfyuur request
(DEFENDANT NAME)
that I waive service ufsummcms in the action of F Magken v . As 1;:212 enaca Pharmacaqticals LP ,
‘ · Et B1 _ (CAPTION DFACTIDN}
which is casa number U 5+ 2 2 Q in the United States District Ccmurt
(DOCKET NUMBER]
for thc District cnf Dclwarc.
I have also received a copy cfthc complaint in the action, two copies of this insmxmcnt, and a means
by which I cam return Lhc signed waiver tu you without cost to mc.
I agree to save the: cast mfscwicc cmfa summons and an additional copy ofthe complaint in this lawsuit
by not requiring that I (cr thc entity cm whose behalf I am acting) be served with judicial process in the
marmcr provided by Rule 4.
I (mr the entity cm whose behalf} am acting) will retain all defenses cr objections to thc lawsuit car to
thc jurisdiction ar venue of the count except fur obj ecticms based on a defect in the summons ur in thc
service DY the summons.
I understand that ajudgmcnt may br: entered against mc: (cnr the party 0n‘whc>sc bchalfl am acting) if
an answer or mation under Rule 12 is not scwecl upcm you within 60 days after Agri]. 2 2 , 2 D O-5
my within 90 days after that date if thc request was sent outside the United State; (DATE REQUEST WAS SEN]?
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g/[·2s’)¤5 C J
(DATE) 510 ATURE)
Printed/Typed Name: Natalie J. Haskins (#éZ»72)

Ag Counsel gf Zanaca, Inc.
{UTLE} (cancun DEFEMDANT)
Duty to Avoid Unnecessary Casts uf Service uf Summuns
Rule 4 uflhc Fcclcral Rules uf Civil Procedure requires certain panics m cooperate in saving unnccnssary casts nfscrvicc uf th: summons
and complaint. A dcfcndmu luculcd in Lhc United Stnscs whcn, BEEF being nmificd cnfan acliun and askcd by ¤ plainlifflucalcd in lb: United States
to waive service cfsummuns, 1"ailsm do sn will br: rcquirzd ID bnur lh: cnsi ufsuch service unless gucd cause bc shuwu for its failure tm sign and
mmm kh: waiver.
11 is 1101 guud cause fur El failure tu waive service thm n pany bclicvu that thc cumpluim is unfuumdcd, ur that ih: action has been brought
in an improper place ur in a court thm lacks jurisdiction mvcr thc subject matter ufthc action ur over its person 0: pmpcrcy. A party wha waives
service ofthe summons retains all defenses and objections (cxccpt any relaxing :0 thc summons ur lD th: service ufthc summuns), and may laser
Gbjxt tu thc jurisdiction ufth: court ur 1¤ lb: plan: where thc nr:1i0¤ has been brought.
A defendant whu waives scrvicc must within Lb: time specified un Lhéwaivcr farm scrvc un the: plaintiffs zmomcy (ur manzprcscmrzd plaintiff)
I1 response lu lh: complaint and must also El: :1 signed copy ofthe response wilh the cnurt. lfthc pnswcr ur mutimn is DOI scrvcd within this lime,
:1 dcfnultjudgmcm may bc uzkun against thm dcfcncinm. By waiving survicc, Ei defendant is allowed marc time tu answcr than ifthc summons had
1::::1 actually served when thc request for waiver ufscrvicc was received.