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

Filing 22

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

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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 of returning one signed copy of the form to you.
WAIVER OF SERVICE OF SUMMONS
waiver form, v.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EBAY INC., Plaintiff, WAIVER OF SERVICE OF SUMMONS Case No. 08-4052 (PVT)

DIGITAL POiNT SOLUTIONS, INC., SHAWN HOGAN, KESSLER'S FLYING CIRCUS, THUNDER WOOD HOLDINGS, INC., TODD DUNNING, BRIAN DUNNING, BRIANDUNNING.COM, and DOES 1 20, Defendants.

TO:

David Eberhart Sharon Bunzel O'Melveny & Myers LLP Attorneys for eBay Inc.

and a prepaid means

Dockets.Justia.com

DAVID R. EBERI1ART (S.B, #195474) deherhart,ornrn corn SHARONM. BIJNZEL (S.B. #181609) shuelornin.corn COLLEN M. KENNEDY (S.B. #227107) ckeniiedy(ornm. corn O'MELVNY & MYERS LLP Two Embarcadero Center 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone]
.

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1, or the entity I represent, agree to save the expense of serving a summons and Complaint in this case. 1 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. 1 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 1 represent.

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Date:

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Signature Si/ Shawn Hogan for Digital Point Solutions, Inc. 8465 Regents Road, Apt. 448 SanDiego,CA92122 Phone:

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Duty to Avoid IJnnecessary 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

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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.
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WAIVER OF SERVICE OF SUMMONS

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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.

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WAIVER OF SERVICE OF SUMMONS