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

Case 1 :08-cv-00410-SLR Document 4 Filed 07/15/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
for the
District of Delaware
Majed Subh )
Plaintiff )
v. ) Civil Action No. 1 :08-cv-00410-U NA
WaI—Mart Stores Inc. )
Defendant )
Waiver of the Service of Summons
TO; Glenn A. Brown, DMD, Esquire
(Name ofthe plaintf s attorney or unrepresentedplaintw) l
I have received your request to waive service of a summons in this action along with a copy of the complaint,
two copies of this waiver form, and a prepaid means of retuming one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s
jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must tile and serve an answer or a motion under Rule I2 within
60 days from 07/15/2008 , the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
/ A I `\
om 07/15/2008 ~ a §5rz»1/1/" ’ .7 . it . "**°
_/ U Signature of the attomey or unrepte ented party
Z Sarah E. DiLuzio (#4085)
Printed name
POTTER ANDERSON & CORROON LLP
Hercules Plaza, 6th Floor, 1313 North Market Street
P.O. Box 951, Wilmington, DE 19899

Address
[email protected]
E-mail address
302-984-6000
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a sutmnons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff lo¢ated in
the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
“Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendant’s property.
If the waiver is signed and returned, you can still make these and all other defenses and objections, but you carmot object to the absence of
a summons or of service.
If you waive service, then you must, within the tirne specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
and tile a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

Case 1:08-cv-00410-SLR

Document 4

Filed 07/15/2008

Page 1 of 1