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

" Case 1 :07-cv—OO562-GIVIS Document 23 Filed 1 1/O9/2007 Page 1 of 3
AO 398 (Delaware Rev. 7700)
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUiV[l\/[ONS
TO: (A) Edward P. Welch, Esguire
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 tiled in the United States
District Court are and has been assigned docket number 07-562.-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 be avoided if I
receive a signed copy of the 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-free return) for your use. An extra copy of the waiver is also attached 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 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
ofthe summons, which is set forth at the foot ofthe waiver form.
I aflirm that this request is being sent to you on behalf of the plaintiff; this 4m day
of October , 2007.
Signature of Plaintiffs Attorney
or Unrepresented Plaintiff
A-—Namc ofindividual deihnriant (or name o|`ol`licer or agi:ntol`co1porate defendant)
B—Title, or other relationship of individual to carpomte defendant
C—Narne ofcorporate defendant, il` any
D—-District
E—Dncket number ofaction
F·~·Addrcssee must be given nt least 30 days (50 days il` located in ihreign country) in which to return waiver

" Case 1 :07-cv—OO562-GIVIS Document 23 Filed 1 1/O9/2007 Page 2 of 3
AD 399 (Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMIVIONS
TO: Scott M. Tucker
twaivrtz or l'LAlNT1FF`S Arroatvev on Liwaeraesewren t=LatNTtFF)
I, Mary M. Boies , acknowledge receipt of your request
tnerewmnr NAME)
that I waive service of summons in the action of Lemon Bay Partners. etal. v. Hammonds, et al.,
(CAPTION or Acriom
which is case number in the United States District Court 07-562-GMS
tnoctusr Nutvtntzai
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 arn 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 after that date if the request was sent outside the United
tome iuzourzsr was sem`)
States. a .
M e- Sign Here
(DATE) rstoNATul@
. r
Printed/Typed Name: /I/\ j {O l 5
As of
{TITLE) tcoaroaare oeranomvri
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules ofCivil Procedure requires certain parties to cooperate in saving unnecessary costs ofservice
ofthe summons and complaint. A defendant located in the United States who, after being notified ofan action and asked by rr plaintiff
located inthe United States to waive service of 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.
lt is not good cause fora 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 coun 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 later object to thejurisdiction ofthe court or to the place where the action has been brought.
A defendant who waives service must within thc time specified on the waiver lhrm serve on the plaintiffs attorney (or
unreprcscnted plaintiff') a response to the complaint and must also tile a signed copy ofthe response with the court. lf the answer or
motion is not served within this time. a dcfaultjudgment 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—OO562-GIVIS Document 23 Filed 1 1/O9/2007 Page 3 of 3
*1:.AO 440 (Rev. BIO!) Summons in a Civil Action
RETURN OF SERVICE
_ _ DATE
Service ofthe Summons and complaint was made by me"' N¤VE¥“b&Y 9 · 2 UU 7
NAME or senven SPRINT) TITLE
Dal'!-UY P · Ren 0]-Phi JI · Process Server
Check one box below to indicate n m rinre merlzcd o service
El Served personally upon the defendant. Place where served:

El Left copies thereof at the defendant'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:
[Il Retumed unexecuted:


5; gmc]- (specify): Served Mary M . Bois by serving her counsel Edward P . Welch at Skadden ,
Arps , Slate , Meagher Ee Flom, LLP, One Rodney Square , Wilmington, DE 19801 on
October 4 , 20D? at:. 4 :00 E.m.
STATEMENT OF SERVICE FEES
TRAVEL. SERVICES TOTAL.
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on L/*7 lr {
- . 5-. , 5. ,
is éi{?t'll'{&'i'e! e stats., L3 J
One Rodney Square , P . O . Box ].D35
Wilmington, DE 19B99
Adclrurr qfSer1·er
(I) As tn who may serve a summons see Rule 4 ofthe Federal Rules of Civil Procedure.

Case 1:07-cv-00562-GMS

Document 23

Filed 11/09/2007

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Case 1:07-cv-00562-GMS

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Case 1:07-cv-00562-GMS

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