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

Case 3:08-cv-02916-MHP
il'J.AO 399 (Rev. 10/95)

Document 13

Filed 07/02/2008

Page 1 of 1
Clear Form

WAIVER OF SERVICE OF SUMMONS
(NAME OF PLAINTIFF'S ATTORNEY OR UNREPRESENTED PLAINTIFF)

I, Simon J. Frankel on behalf of InterMune, Inc,

, acknowledge receipt of

your request

(DEFENDANT NAME)

Rybkoski v. InterMune, Inc., et al.

that I waive service of summons in the action of
(CAPTION OF ACTION)

which is case number cv-08-29l6-VRW
(DOCKET NUMBER)

in the United States District Court

for the Northern District of California.
I have also received a copy of the complaint in the action, two c of this instrument, and a means by which I can return the signed waiver to you without cost to me.

ON? ~df

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.
I understand that a

judgment may be entered against me (or the party on whose behalf! am acting)

ifan
answer or motIon under Rule 12 is not served upon you withm 6U days after
June 26, 2008
(DAn' REQUEST WAS SENT)

or within 90 days after that date if the request was sent outside the United States.

J ~ 21) 1.t?~~
(iATEi

~~,(
(TITLI')

-of InterMune, Inc.
(CORPORATE DEFENDANT)

Printed/Typed Name: Simon J. Frankel

As Attorney

Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to coopcrate in saving unnecessary costs ofscrvice of an action and askcd by a plaintiff

the summons

located in the United States to waivc scrviec of summons, fails to do so will bc rcquired to bear the cost of such service unless good cause bc shown for its failure to sign and
and complaint. A dcfendant loeatcd in the Unitcd States who, after being notificd of return the wai ver.

It is not good cause for a failure to waivc service that a party believes that the complaint is unfounded, or that thc action has bcen brought in an impropcr place or in a court that lacks jurisdiction over thc subjcct mattcr ofthc action or over its person or propcrty. A party who waivcs
service ofthc summons rctains all dcfcnscs and objcctions (except any relating to thc summons or to thc scrvice of object 10 thc.i urisdietion ofthe

the summons), and may latcr

court or to the place where thc action has bccn brought.

a response to thc complaint and must also filc a signed copy of

A dcfendant who waives scrvicc must within thc timc spccificd on thc waiver form serve on the plaintiffs attorncy (or unrcprcscntcd plaintiff) the response with thc court. If the answcr or motion is not servcd within this timc, the summons had a default judgment may bc takcn against that dcfendant. By waiving scrviec, a dcfcndant is allowcd morc timc to answcr than if becn actually served whcn the request for waiver of service was received.