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

Case 1 :07-cv—OO754-GIVIS Document 6 Filed 01/O2/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
" ABBOTT LABORATORIES, )
)
Plaintiff, ) Civil Action No. 07-754-***
)
v. )
)
BANNER PHARMACAPS, INC., )
)
Defendant. )

NOTICE OF FILING OF WAIVER OF SERVICE
Pursuant to Rule 4(d)(4) ofthe Federal Rules of Civil Procedure, Plaintiff tiles an
executed waiver of service (attached as Exhibit A hereto) for Defendant, Banner
Phannacaps, Inc.
Connolly Bove Lodge & Hutz LLP
‘ /s/ Paul E. Crawford
Paul E. Crawford (0493)
1007 N. Orange Street
P. O. Box 2207
Wilmington, DE 19899
(302) 658-9141 `
Attorneys for Plaintw
Dated: January 2, 2008

Case 1:07-cv-00754-GI\/IS Document 6-2 Filed O1/O2/2008 Page1 0f 2
Exhibrt A

Case 1 :O7—cv-00754-Gl\/IS Document 6-2 Filed O1/O2/2008 Page 2 of 2
WAIVER OF SERVICE OF SUIVIIVIONS
TO: Paul E. Crawford, Esquire
Connolly Bove Lodge & Hutz LLP
1007 Orange Street
P.O. Box 2207
Wilmington, Delaware 19899
A (302) 658-9141
Attorney for PZairzz‘yj'Abboz‘t Laboratories
BANNER PI-IARMACAPS INC. ("BANNER") acknowledges receipt of your. request that it
waive service of a summons in the action of ABB OTT LABORATORIES V. BANNER
PHARMACAPS INC. which is Civil Action Number 07-754 in the United States District Court for
the District of Delaware. BANNER has also received a copy of the complaint in the action, two
copies of this instrument, and a means by which it can return the signed waiver to you without cost.
BANNER agrees to save the cost of service of a summons and an additional copy of the
complaint in this lawsuit by not requiring that BANNER be served with judicial process in the
manner provided by Rule 4.
BANNER 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 BANNER if an answer or motion under
Rule 12 is not served upon you within 60 days after ll/30/07, or within 90 days after that date if the
request was sent outside the United States.
BANNER PHARMACAPS INC.
Lte·a.ZJ -%**97 er;
'
Date Signature 7:-Qwwevey dereuwen er., +/my ¢..¢,#¤
TMC. (4-,{[y,.,€£)z élf gunner /@¤4V:·W*¤<>705' 1;;
Dug; to Avoid Unnecessagy Costs of Service of Summons
Rule 4(d)(4) ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service ofthe .
summons and complaint. A defendant located in the United States who, after being notitied of an action and asked by a plaintiff located in the ·
United States to waive service of a summons, fails to do so will be required to bear the cost of such service unless good cause be shown for its
failure to sign and retum the waiver.
It is not good cause for a 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 of the action or over its person or property. A party who i
waives service ofthe summons retains all defenses and objections (except any relating to the summons or the service of the summons), and may
later object to the jurisdiction ofthe court or to the place where the action has been brought. i
A defendant who waives service must within the time speciiied on the waiver fonn serve on the plaintilfs attomey a response to the
complaint and must also tile a signed copy of the response with the court. If the answer or motion is not served within this time, a default
judgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than if the summcnshad been
actually served when the request for waiver of service was received.

Case 1 :O7—cv-00754-GI\/IS Document 6-3 Filed O1/O2/2008 Page 1 of 1
CERTIFICATE OF SERVICE
I hereby certify that on January 2, 2008, a true and correct copy ofthe foregoing
NOTICE OF FILING OF WAIVER OF SERVICE was caused to be served on the following
via CM/ECF filing and the following:
VIA FIRST CLASS MAIL
Charles Raubicheck, Esq.
Froinmer, Lawrence & I-Iaug LLP
745 Fifth Avenue
New York, New York lOl 51
/s/Paul E. Crawford
Paul E. Crawford, Esquire (#493)
[email protected]

Case 1:07-cv-00754-GMS

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