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

AU we t¤€Beee=v1v®5-cv-00220-SLR Docu ment 7 Filed O4/29/2005 Page 1 of 1
WAIVER OF SERVICE OF SUMMONS
` TO; A . Zachary Naylor , Esquire -
mms or t¤LA.o~1TtrF•s Artotuvev on utvttsvaeseureo PLAINTIFF)
I, As 1;raZer1eca Pharmaceuticals LP , acknowledge receipt of yourrequest
rnerannatvr NAME)
that I waive service of summons in the action of Macken V - AstraZeneca Ph?-*I'maC€l}l;iCalS LP »
GJ: E1]. . tcasrtotv or rtcrtoui
which is case number g 5-2 2 g in the United States District Court
toocttaer NUMBER)
for the District of Delware.
ihave also received a copy of t.he complaint in the action, two copies of this instrument, and a means
by which 1 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 behalf I am acting) be served with judicial process in the
manner provided by Rule 4.
I {or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to
the jurisdiction or venue of the 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 I am acting) if
an answer or motion under Rule 12 is not served upon you within 60 days after Agri]. 22 , 2 0 O 5
or within 90 days aiier that date if the request was sent outside the United States. (DATE REQl·lESTl'*'·°*$ SWE
si i Z S Q Q b x
(oa ) Stem run
}’t‘iHlf=€UTYp¤d NBIHGZ Natalie J . Haskins §if§t!t72l
AS Counsel Of Ast;raZe.neca Pharmaceuticals LP
(TITLE) tconroarrre DEFENDANT)
Duty to Avoid Unnecessary Costs of Service oi'Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs ofservict: ofthe summons
and complaint. Adefendant located in the United States who, alter being notified ofan action and asked by aplaintifflocated in the United States
to waive service ofsummons, fails to do so will be required to bear the cost ofsuch service unless good cause be shown for its failure to sign and
retum the waiver.
lt is not good cause for n 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 ull defenses and objections (except any relating to the summons or to the service ofthe summons), and may later
object to thejurisdiction ofthe court or to the place where the action has been brought.
A defendant who waives service must within the time speciiled on the waiver form serve on thepiaintiffs attom ey (or unrepreseated plaintiff)
a response to the complaint and must also file_a signed copy ofthe response with the court. Iftbe answer or motion is not served within this time, _
n defanlijudgment may be taken against that defendant. By waiving service,_a defendant is allowed more time to answer than ifthc summons had
been actually served when the request for waiver ofservicc was received.