Excelsior Printing Company v. Inman et al

Filing 13

WAIVER OF SERVICE Returned Executed by Excelsior Printing Company. Matthew Inman waiver sent on 11/29/2012, answer due 1/28/2013. (Hennessey, Christopher)

AO 399 (01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT
for the
District District of __________
__________of Massachusetts
Excelsior Printing Company
Plaintiff

v.
Matthew Inman and Papyrus-Recycled Greetings, Inc
Defendant

)
)
)
)
)

Civil Action No. 3:12-cv-30200-MAP

WAIVER OF THE SERVICE OF SUMMONS
To: Excelsior Printing Company
(Name of the plaintiff’s attorney or unrepresented plaintiff)

I have 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.
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
November 29, 2012
60 days from
, the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date:

December 3, 2012
Signature of the attorney or unrepresented party

Matthew Inman

Venkat Balasubramani

Printed name of party waiving service of summons

Printed name
800 Fifth Avenue, Suite 4100!
Seattle, WA 98104

Address

[e-mail]
E-mail address

206-718-4250
Telephone number
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 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.
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.

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent electronically to the
registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent
to those indicated as non registered participants on December 5, 2012.
_____/s/Christopher M. Hennessey_______
Christopher M. Hennessey

41699