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

Case 1 :07-cv-00533-G l\/IS-LPS Docu ment 7 Filed 12/07/2007 Page 1 of 1
399 (Revl 10/95)
WAIVER OF SERVICE OF SUMMONS
TQ; Sean T . O' Kelly, Esquire

(NAME OF PLATNTIFFS ATTORNEY OR UNREPRESENTED PLAINTIFF)
L MOKOIOLQ · IHC · , acknowledge receipt of your request
(DEFENDANT NAME)
that I waive service of summons in the action of Fuj UIOH COYPOY&l$ Um V · M¤¤¤r¤1¤ · Inc · ,
(CAPTION or ACTION)
which is case number O 7 — 5 3 3 (GMS) in the United States District Court
(DOCKET NUMBER)
for the District of De laware .
I have also received a copy ofthe complaint in the action, two copies of this instrument, and a means by which I can
retum the signed waiver to you without cost to me.
l agree to save the cost of service of a summons and an additional copy ofthe 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 mamier 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 ofthe court except for objections based on a defect in the summons or in the service ofthe summons.
I understand that ajudgment may be entered against me (or the party on whose behalf I am acting) if an
answer or motion under Rule l2 is not served upon you within 60 days after December 71;]*1 , 2 0 07 ,
(DATE Reouesr wAs sem)
or within 90 days after that date if the request was sent outside the United States.
[2 eccm W- I { ?»¤·> “7
(DATE) (SIGNATURE)
Printed/Typed Name; Jack B . Blumenfeld, Esquire
As Counsel of Motorola, Inc.
(TITLE) (CORPORATE DEFENDANT)
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. A
defendant located in the United States who, after being notified of an action and asked by a plaintiff located in the 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.
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 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 ofthe summons), and may later object to the jurisdiction ofthe court or to the place where the action
has been brought.
A defendant who waives service must within the time specified on the waiver form serve on the plaintiffs attomey (or unrepresented plaintiff) a response to the
complaint and must also Hle a signed copy ofthe response with the court. If the answer or motion is not served within this time, a default judgment may be taken against
that det`endant. 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-00533-GMS-LPS

Document 7

Filed 12/07/2007

Page 1 of 1