eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 21

WAIVER OF SERVICE Returned Executed filed by eBay Inc.. Service waived by Shawn Hogan waiver sent on 8/27/2008, answer due 10/27/2008. (Eberhart, David) (Filed on 10/2/2008)

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1 2 3 4 5 6 Attorneys for Plaintiff eBay Inc. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I have received your request to waive service of summons in this action along with a copy of the Complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. WAIVER OF SERVICE OF SUMMONS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EBAY iNC., Plaintiff, v. DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, KESSLER'S FLYING CIRCUS, THUNDERWOOD HOLDINGS, INC., TODD DUNNThTG, BRIAN DUNNING, BRLkNDUNNThIG.COM, and DOES 120, Defendants. WAIVER OF TIlE SERVICE OF SUMMONS Case No. 08-4052 (PVT) TO: David Eberhart Sharon Bunzel O'Melveny & Myers LLP Attorneys for eBay Inc. Dockets.Justia.com DAVID R. EBERHART (S.B. #195474) deberhartomm.com SHARONM. BUNZEL (S.B. #181609) sbunze1(omm. corn COLLEEN M. KENNEDY (S.B. #227107) ckennedy(omm.com O'MELVENY & MYERS LLP Two Embarcadero Center 28th Floor San Francisco, CA 94111 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 ____ ________ 1 2 3 4 5 6 7 8 9 I, or the entity I represent, agree to save the expense of serving a summons and Complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from August 27, 2008, the date when this request was sent. If I fail to do so, a default judgment will be entered against me or the entity I represent. 12 Date: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Signature Shawn Hogan 8465 Regents Road, Apt. 448 San Diego, CA 92122 Phone: Duty to Avoid Unnecessary Costs of Service of Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. "Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. - 2 - WAIV[R OF SERVICE OF SUMMONS 1 2 3 4 5 SF:726O4I.l If you waive service then you must, within the time specified on the waiver form, serve an answer or motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3 - WAIVER OF SERVICE OF SUMMONS

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