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

Filing 23

WAIVER OF SERVICE Returned Executed filed by eBay Inc.. Service waived by Brian Dunning waiver sent on 8/27/2008, answer due 10/27/2008; Thunderwood Holdings, 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. UNITED STATES DISTRICT COURT NORTHERN DISTI SAN JOSE DIVISION EBAY INC., Plaintiff; v. DIGITAL POINT SOLUTIONS INC., SHAWN HOGAN, KESSLER'S FLYING CIRCUS, THUNDERWOOD HOLDINGS, INC. TODD DUNNING, BRIAN DUNNINO, BR1ANDUNNINGCOM, and DOES 120, Defendants. WAIVER OF SERVICE OF SUMMONS Case No. 08-4052 (PVT)

TO:

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

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 pre paid means of returning one signed copy of the form to you.
WAIVER OF SERVICE OF SUMMONS

Dockets.Justia.com

DAVID R. EBERHART (S.B. #195474) deberhart(omni corn SHARQt4I&BUNZEL(S.B.#181609) sbunzel(omm.com COLLEEN M. KENNEDY (S,B. #227107) ckennedyomm.com O'MELVENY & MYERS LLP Two Embarcadero Center 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone]

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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 1, or the entity! represent, must file and serve an answer or a motinn 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. RUS, MILIBAND & SMITH, APC BY: Signature Ronald Rus Attorneys for Brian Dunning and Thunderwood Holdings, Inc.

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nate:

Duty to Avoid Unnecessary Costa of Service of Summons

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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.

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"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.

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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 bad been served.

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