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

Case 3:08-cv-01428-JM-BLM

Document 5

Filed 09/08/2008

Page 1 of 2

WAIVER OF SERVICE OF SUMMONS
TO: Elizabeth J. Arleo
(NAME OF PLAINTIFF'S ATTORNEY OR UNREPRESENTED PLAINTIFF)

1. acknowledge receipt of your request that 1 waive service of a summons in the action of
Tornovich v. Wolpoff 8 Abramson in the United States District Court for the

. which is case number
Southern

08-cv-1428 J M (ELM) District of

California . I have also received a copy of the 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 behalf I an acting) be served with judicial process in the manner provided by Rule 4. I (or the entity on whose behalf I an 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. I understand that a judgment may be entered against me (or the party on whose behalf 1 am acting) if an answer or motion under Rule 12 is not served upon you within 60 days after
8121108
(DATE REQUEST WAS SEN r)

, or within 90 days a

United States.
(DATt)

OF

(CORP RATE DEFENDANT)

MoL~&& ~ a h ,W 1 n

Duty to Avoid tlnnecessary Costs of Service of Summons Rulc 4 of the Federal Rules of Civil Procedure requlres certain panles to cooperate in saving unnecessary costs of service of the summons and compla~nt.A defendant located in the United States who. after being not~fied an actlon and asked hy a plaintiff located in the United States to waive of service of a swnmons, fails to do so will be required to bear the cost of such service unless good cause be shown for its fa~lure sign and return the walver to It is not good cause for a fallure 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 lacksjurisdict~on over the suhiect matter ofthe action or over its person or property. A party who waives service of the summons retams all defenses and objections (except any relating to the summons or to the service of the summons), and may later ob-iect to the jurrsdiction of the court or to the place where the action had been brought. A defendant who waives service must within the trme specified on the waver form serve on the plaintiffs attorney (or unrepresented plaintiM aresponse to the complaintand mustalso tile a signed copy ofthe response with the court I f the answer or motion IS not served within this tlme, a default if judgment may be taken agalnst that detendant. By waiving service. a defendant is allowed more tlme to answer ~han the summons had been actually served when the request for waver of service was received.

ODMA\PCDOCS\WORDPERFECT~14598\I 5, 1999 (1 1 32am) May

Case 3:08-cv-01428-JM-BLM

Document 5

Filed 09/08/2008

Page 2 of 2

CERTIFICATE OF SERVICE Attorney for Plaintiff certifies that the foregoing pleading is true and accurate and that a copy of the foregoing document has been served this day upon: Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case.
· ·

Elizabeth J Arleo [email protected] Shaun Khojayan [email protected],[email protected]

Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). Birgit Dachtera Stuart Law Offices of Ronald S. Canter, LLC 11300 Rockville Pike, Suite 1200 Rockville, MD 20852

I declare under penalty of perjury that the foregoing is true and correct. Dated: September 8, 2008 s/Elizabeth J. Arleo_________ ELIZABETH J. ARLEO