UNITED STATES OF AMERICA v. AT&T INC. et al

Filing 3

WAIVER OF SERVICE by UNITED STATES OF AMERICA. T-MOBILE USA, INC. waiver sent on 8/31/2011, answer due 10/30/2011. (Hammond, Matthew)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,
Plaintiff,
Civil No. 11 -0 15 60 (ESH)

V.
AT&T INC., T-MOBILE USA, INC., and
DEUTSCHE TELEKOM AG,
Defendants.

WAIVER OF THE SERVICE OF SUMMONS
To:

Claude F. Scott, Jr., Counsel for the United States of America
U.S. Department of Justice, Antitrust Division
450 Fifth Street, N.W., Suite 7000
Washington, D.C. 20530
[e-mail]
202-353-0378

1have received your request to waive service of a 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.
1, 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 I represent, must file and serve an answer or a
motion under Rule 12 within 60 days from August 31, 2011, the date upon which I was
provided with a copy of the complaint (or, if I fail to do so, a default judgment will be
entered against me or the entity I represent).
Date:
Printed name of party waiving servjce of summons

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Duty to Avoid Unnecessary Expenses of Serving a 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 a 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 j arisdiction 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.
If you waive service, then you must, within the time specified on the waiver form, serve
an answer or a 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.