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

it Case 1 :07-cv-00461-GIVIS Document 5 Filed 09/12/2007 Page 1 of 2
I if AO 398 (Delaware Rev. 7/O0)
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUIVIIVIONS
TO; (A) James A. Oliff

as (B) counsel OMC) Makita U. S . A. Inc .
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
for the District of Delaware and has been assigned docket number 07-46 1 .
This is not a formal summons or notification from the court, but rather my request that you sign and
retum the enclosed waiver of service in order to save the cost of serving you with ajudicial summons and
an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the A
waiver within (F) 90 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 retum) for your use.
An extra copy ofthe waiver is also attached for your records. I
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 ofthe United States).
If you do not retum the signed waiver within the time indicated, Irwill 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 comrection, please read the statement
conceming the duty of parties to waive the service ofthe summons, which is set forth at the foot ofthe
waiver form.
I affirm that this request is being sent to you on behalf of the plaintiff] this Zftthday of
August: , 2()()7~ _ q
Signature of Plaintiff’s Attomey
or Unrepresented Plaintiff A
A—Name of individual defendant (or name of officer or agent of corporate defendant) `
B-—Title, or other relationship of individual to corporate defendant
C—Name of corporate defendant, if any
D—Districr _
E—Docket number of action - · ‘
F—Addressee must be given at least 30 days (60 days if located in foreign country) in which to retum waiver

Case 1 :07-cv-00461-GIVIS Document 5 Filed 09/12/2007 Page 2 of 2
AO 399 (Delaware Rev. 7/00) _ n
WAIVER OF SERVICE OF SUMMONS
TO; Dean D. Niro
(NAME or PLAlNTIFF'S ATTORNEY on UNREPRESENTED PLAINTIFF)
L Makl E 8 U ‘ S ° A ' Inc ' , acknowledge receipt of your request
(DEFENDANT NAME)
that I waive service of summons in the action of Black & D¢’=€k€1‘ V- Makita U- S ·A· Inc ·,
(CAPTION or ACTION) A
which is case number 07-461 in the United States District Court
(DOCKET NUMBER)
for the District of Delware.
I have also received a copy of the 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.
I agree to save the cost of service of a sununons 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
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 ajudgment 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 August 24 , 2007 ,
or within 90 days after that date if the request was sent outside the United States. (DATE REQUEST WAS SENT)
September 7, 2007 ,,-·’=‘*·"`r
(DATE) (SIGNATURE)
primed/Typed Name: Eric D . Morehouse
As Attorney of Mak1ta U.S.A. 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 court that lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives
service of the 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 of the coun 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 tl1e complaint and must also tile a signed copy ofthe response with the coun. Ifthe 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 if the summons had
been actually served when the request for waiver of service was received.