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

I Case 1 :07-cv-OOGQZEJJF Document 16 Filed 06/ 1 9/2006/I/\ Pag = M EQER/EE
l · . JUN132il[l8
U NOTICE OF LAWSUIT AND REQUEST FOR A
WAIVER OF SERVICE FOR SUMMONS D
TO: Correctional Medical Services
A lawsuit has been commenced against you. A copy ofthe Complaint is attached to this
notice. lt has been Bled in the United States District Court for the District of Delaware and has
been assigned Civil Action #07-637.
This is not a formal summons from the Court, but rather, is a request that you sign and A
C return the enclosed "Return of Waiver" form in order to save the cost of serving you with a
judicial summons and an additional copy ofthe Complaint. The cost of service will be avoidedif
the "Return of Waiver"' form is signed by you and returned to the U. S. Marshals Service in the
enclosed stamped and addressed envelope within 30 days after the date stamped below. An extra ~
copy ofthe "Return of Waiver" form is also enclosed for your records.
lf you comply with this request and return the signed waiver, it will be tiled with the
Court and no summons will be served on you. The action will then proceed as if you have been _
served on the date the "return of Waiver" form is tiled, except that you will not be required to
· answer the Complaint before 60 days trom the date designated below as the date on which this
notice is sent. h
lf you do not return the signed waiver within the time indicated, the appropriate steps to
affect formal service in the manner authorized by the Federal Rules of Civil Procedure will be `
taken, and to the extent authorized by those Rules, the Court shall require you to pay the full cost
of such service. ln that connection, please read the statement concerning the duty of parties to
. waive the service of the summons, which is set forth on the “Return of Waiver" form. _
l Date; June 9 2008 _
i Affirmed by:
USMS Representative
IPP NOTICE OF LAWSUTT FORM — ·

Case 1 :07-cv-00637V¢JJF Document 16 Filed 06/19/2008 P 2
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_ Corporate/Entity Defendant i
RETURN OF WAIVER OF SERVICE OF SUMIVIONS 5 l
I acknowledge receipt of the request that I can waive service of summons in the matter of
r CA. No.07—637 in the United States District of Delaware. I have also received a copy ofthe
complaint in the action, two copies of this form, a copy ofthe Order of the Court authorizing
service and a means by which I can return the signed waiver 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 the entity on whose behalf I am acting be served with judicial
» process in the manner provided by Rule 4.
_ 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 judgement may be entered
against the party —on whose behalf I am acting if a response is not served and filed within 60
days after: June 9, 2008.
Dat : · l ci ~ gb
. JAM2€, bile-’»=”§ gf @0//aC!<¢°** //*/4°°/":"/
Si nature of Defendant Printed or Typed Narnez/Bvgé? 5; / ./ · ( Q 2_ {A c _
. i DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
_ . U Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
` unnecessary cost of service of the summons and the complaint. A defendant located in the
· United States, who, after being notified of an action and asked to waive service ofsummons
1 on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be shown for that defendant's failure to sign and return the
waiver.
5 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
2 _ jurisdiction over the subject matter of the action or over defendants person or propeity. A
_ defendant who waives service of summons retains all defenses and objections, except any `
relating to the summons or the service of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought.
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff if unrepresented or on plaiiitiffs attorney, a response to the Complaint
. and must also tile a signed copy of the response with the Court. If the answer or a motion is not
served within this time, a default judgement may be taken against that defendant. By waiving
service, a defendant is allowed more time to answer than if the summons had been actually
served when the request for waiver of service was received. _

Case 1:07-cv-00637-JJF

Document 16

Filed 06/19/2008

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Case 1:07-cv-00637-JJF

Document 16

Filed 06/19/2008

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