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

; . Case 1 :07-cv-00561-GIVIS Document 23 Filed 11/O9/2007 Page 1 of 3
AO 398 (Delaware Rev. 'HUU)
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMMON S
TO: (A) Edward P. Welch, Esguire l
as (B) Counsel of (C) Mag M. Boies
A lawsuit has been commenced against you (or the entity on whose behalf you are
addressed).A copy of the complaint is attached to this notice. It has been filed in the United States
District Court are and has been assigned docket number 07-561-GMS .
This is not a formal summons or notification from the court, but rather my request that
you sign and return the enclosed waiver of service in order to save the cost of serving you with a
judicial summons and an additional copy of the complaint. The cost of service will he avoided if I
receive a signed copy ofthe waiver within (F) 30 days after the date designated below as
the date on which this Notice and is sent. I enclose a stamped and addressed envelope (or
other means of cost—’ti·ee return) for your use. An extra copy ofthe waiver is also attached for
your records.
If you comply with this request and retum the signed waiver, it will be filed with the
court and no summons will be served on you. The action will then proceed as if you had
been served on the date the waiver is filed, except that you will not be obligated to answer the
_ complaint before 60 days from the date designated below as the date on which this notice is
sent (or before 90 days from that date if your address is not in any judicial district of the
United States).
If you do not return the signed waiver within the time indicated, I will take
appropriate steps to effect formal service in a manner authorized by the Federal Rules of
Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require
you (or the party on whose behalf you are addressed) to pay the full costs of such service. In ‘
that connection, please read the statement concerning the duty of parties to waive the service
of the summons, which is set forth at the foot of the waiver form.
’ I affirm that this request is being sent to you on behalf of the plaintiff`, this 4"' day
of October , 2007.
Signature of Plaintiffs Attorney
or Unrepresented Plaintiff
A-—Name ofindividual defendant (or name ofofiicer or agent of coipomte defendant)
B—Title, or other relationship ofindividual to corporate defendant
C-—·—Natne ofcorpomte defendant. if any
D—District
E——Docket number ofaction
F—Addressee must be given at le:1st30 days (60 clays il` located in foreign country) in which to return waiver

. . l Case 1 :07-cv-00561-GIVIS Document 23 Filed 11/O9/2007 Page 2 of 3
AO 399 (Delaware Rev. 'N00)
WAIVER OF SERVICE OF SUIVIMONS
TO: Scott M. Tucker
[NAME or rr.»~.tr~mrt=·s arroauev on unasritsssnrso etaturtrri
I, Mg M. Boies , aclcnowledge receipt of your request
toerewnarrr NAM si
that I waive service of summons in the action of , Donald F. Benoit v. Hammons, et al. ,
tcarrron or .¤tcr1o2~ti
which is case number in the United States District Court 07-561-GMS
toocxtrr utaaaea)
for the District of Delaware.
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 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 I
am acting) if an answer or motion under Rule I2 is not served upon you within 60 days after
October 4, 2007 , or within 90 days alter that date if the request was sent outside the United
mars asouesr was ssrm
States. *
€>’l·6%··/ <— Sign Here
tome; tsionaruaei
tl A gh ‘
Printediffyped Name: E © l Q. rg
As of
trirtei tcoaroaara oereunanri
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules ot'Civil Procedure requires certain parties to coopemte in saving unnecessary costs ofservice
ofthe summons and complaint A defendant located in the United States who, atier being notilied ofan action and asked by a plaintiff
located in the United States to waive service ofsummons, fails to do so will be required to bear the cost ofsuch service unless good
cause be shown for its liiilure to sign and retum the waiver.
lt 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 ofthe action or over its person or property. A
party who waives service ofthe summons retains all defenses and objections (except any relating to the summons or to the service of
the summons), and may Eater object to thejurisdiction ofthe coun orto the place where the action has been brought.
A defendant who waives service must within the time specitied on the waiver form serve on the plaintiffs attomey {or
unrepresented plaintiff) a response to the complaint and must also file a signed copy ofthe response with the court. lfthe answer or
motion is not served within this time. a defaultjudgment may be taken against that defendant. By waiving service. a defendant is
allowed more time to answer than ifthe summons had been actually served when the request Ihr waiver ofservice was received.

Case 1 :07-ov-00561-GIVIS Document 23 Filed 11/O9/2007 Page 3 of 3
¤eAO 440 (Rev. E/01) Summons in a Civil Action
RETURN OF SERVICE
_ DATE
Service oi` the Summons and complaint was made by me"’ NOVEWPS-I 9 · 2UU7
NAME OF SERVER éPR!NT) TITLE
Danny P . Ren olph, Jr . PIDCEEE Sgfvaf
Check one box below ro indicate rr ro » rfare merhod 0 service
El Served personally upon the defendant. Place where served:

EI Left copies thereof at the dei’endant‘s dwelling house or usual place of abode with a person of suitable age and
discretion then residing therein.
Name of person with whom the summons and complaint were left:
I] Returned unexecuted:


Ei Omar (specify): Served Mary M . Bois by serving her counsel Edward P . Welch at Skedden ,
Arps , Slate , Meegher & Flotn, LLP, One Rodney Square , Wilmington, DE 19EIOZL on
October 4 , 2007 et 4 :00 E.m.
STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL
DECLARATION OF SERVER
1 declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Retum of Service and Statement of Service Fees is true and con·ect.
Exeeutedon [ff gf " ’ I Ai ’ 4
D· * S' · = S · ·
ML éi`iiiii'{Eifeén yr1ke111e, 1.1.12 J
One Rodney Square, P .0 . Sox 1035
Wilmington, DE 1.9599
Address of Server
(l)As to who may serve :1 summons see Rule 4 of the Federal Rules of Civil Procedure.

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