Nordholm v. Barkell et al

Filing 11

ORDER. Pursuant to FRCP 4(d) the Court will request Dfts to waive service of the summons and Nordholm's Amended Complaint by executing, or having cnsl execute, the Waiver of Service of Summons. (See Order for Complete Details and Deadlines) Signed by Magistrate Judge Jeremiah C. Lynch on 11/21/2017. (ELL)

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FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

Nov 212011
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1
V!sion

CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

ORDER

vs.
TIM BARKELL, et al.,
Defendants.
Plaintiff William Nordholm, appearing pro se, filed his amended pleading as
permitted by the Court's Order entered August 29, 2017. In the referenced Order
the Court found two ofNordholm's four claims for relief pled in his original
pleading were sufficiently pled to state claims for relief, and that the claims would
be served on Defendants requiring them to respond. (Doc. 8 at 7 and 9.) In his
amended pleading Nordholm has again sufficiently restated those same two claims
for relief.
As stated in the referenced Order the Court found the other two of
Nordholm's four claims were insufficiently pled and did not state a viable claim
for relief. One of those claims alleged that Defendants Richard Pasha and John
Doe conspired to file false criminal charges against him. In its August 29, 2017
Order, the Court noted the claim would be subject to dismissal under the authority
1

of Heck v. Humphrey, 512 U.S. 477 (1994) unless Nordholm could amend his
pleading to demonstrate that the charges had been dismissed, or to show that, if
Nordholm had been convicted on the charges, his conviction was later overturned.
In his amended pleading Nordholm now alleges he pled not guilty to the
allegedly false charges, and then the charges were later dismissed. Accordingly,
on the face ofNordholm's amended allegations, the holding in Heck might not bar
the claim for relief. Additionally, accepting Nordholm's allegations as true, the
Court finds they state a claim upon which relief could be granted if proven true.

See Devereaux v. Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) (noting that
"[t]here is a clearly established constitutional due process right not to be subjected
to criminal charges on the basis of false evidence that was deliberately fabricated
by the government"). Consequently, the Court will serve this claim on Defendants
to obtain their response.
Nordholm has not restated the last of the four claims which he originally
asserted in his initial pleading. Therefore, the Court finds Nordholm has elected to
drop the claim.
Based upon the foregoing, the Court issues the following:
ORDER

Pursuant to Fed. R. Civ. P. 4(d), the Court will request Defendants to waive
2

service of the summons and Nordholm's Amended Complaint by executing, or
having counsel execute, the Waiver of Service of Summons. The Waiver must be
returned to the Court within thirty (30) days of the entry date of this Order as
reflected on the Notice of Electronic Filing. If Defendants choose to return the
Waiver of Service of Summons, their answer or appropriate motion will be due
within 60 days of the entry date of this Order as reflected on the Notice of
Electronic Filing, pursuant to Fed. R. Civ. P. 12(a)(l)(B). See also 42 U.S.C. §
1997e(g)(2).
The Clerk of Court shall forward the documents listed below to each
Defendant:

*
*
*
*
*

Amended Complaint (Doc. 9);
August 29, 2017 Order (Doc. 8);
this Order,
a Notice of Lawsuit & Request to Waive Service of Summons; and
a Waiver of Service of Summons

The Clerk of Court is directed to forward the documents to each Defendant
at the following address
800 South Oak Street
Anaconda, MT 59711
The Clerk of Court is further directed to forward a copy of this Order to the
following:

3

Ben Krakowka
Anaconda Deer Lodge County Attorney
800 Main St.
Anaconda, MT 59711
Counsel for each Defendant must file a "Notice of Appearance" as a
separate document at the time an Answer or Rule 12 motion is filed. See D. Mont.
L.R. 12.2.
Any party's request that the Court grant relief, make a ruling, or take an
action of any kind must be in the form of a motion, with an appropriate caption
designating the name of the motion, served on all parties to the litigation, pursuant
to Federal Rules of Civil Procedure 7, 10, and 11. If a party wishes to give the
Court information, such information must be presented in the form of a notice.
The Court will not consider requests made or information presented in letter form.
Pursuant to Fed.R.Civ.P. 5(d)(l), all documents presented for the Court's
consideration must be simultaneously served by first-class mail upon the opposing
party or their counsel if the party is represented. Each party shall sign and attach a
proper certificate of service to each document filed with the Court. The Certificate
of Service must state the date on which the document was deposited in the mail
and the name and address of the person to whom the document was sent. The
sender must sign the certificate of service.

4

Nordholm shall not make any motion for default until at least seventy (70)
days after the date of this Order.
Pursuant to Local Rule 26.1 (d), no party may begin discovery until a
Scheduling Order has been issued.
At all times during the pendency of this action, Nordholm shall immediately
advise the Court and opposing counsel of any change of address and its effective
date. Failure to file a Notice of Change of Address may result in the dismissal of
the action for failure to prosecute pursuant to Fed.R.Civ.P. 41(b).
DATED this 21st day ofNovembe 2017.

emiah C. Lynch
nited States Magistrate Judge

5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Notice of a Lawsuit and
Request to Waive Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

Anaconda Deer Lodge County
c/o Ben Krakowka
Anaconda Deer Lodge County Attorney
800 Main St.
Anaconda, MT 59711
A lawsuit has been filed, against you in this Court under the number shown

above. A copy of the Amended Complaint is attached.
This is not a summons, or an official notice from the court. It is a request
that, to avoid the cost of service by the U.S. Marshal's Service, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid
these expenses, you must file the signed waiver within 30 days from the date
shown below, which is the date this notice was sent.
If you file the signed waiver, the action will then proceed as if you were

served on the date the waiver is filed, but no summons will be served on you and
1

you will have 60 days from the date this notice is sent (see the date below) to
answer the Complaint.
If you do not return the signed waiver within the time indicated, the Court
will order the U.S. Marshal's Service to serve the summons and complaint on you
and may impose the full costs of such service.
Please read the statement below about the duty to avoid unnecessary
expenses.
DATED this 21 st day ofNovemb r,

er miah C. Lynch
ited States Magistrate Judge

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.
2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Notice of a Lawsuit and
Request to Waive Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

Tim Barkell
800 South Oak Street
Anaconda, MT 59711
A lawsuit has been filed, against you in this Court under the number shown

above. A copy of the Amended Complaint is attached.
This is not a summons, or an official notice from the court. It is a request
that, to avoid the cost of service by the U.S. Marshal's Service, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid
these expenses, you must file the signed waiver within 30 days from the date
shown below, which is the date this notice was sent.
If you file the signed waiver, the action will then proceed as if you were

served on the date the waiver is filed, but no summons will be served on you and
you will have 60 days from the date this notice is sent (see the date below) to

1

answer the Complaint.
If you do not return the signed waiver within the time indicated, the Court

will order the U.S. Marshal's Service to serve the summons and complaint on you
and may impose the full costs of such service.
Please read the statement below about the duty to avoid unnecessary
expenses.
DATED this 21 st day ofNove

er mrnh C. Lynch
ited States Magistrate Judge
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.

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Notice of a Lawsuit and
Request to Waive Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

Bill Sather
800 South Oak Street
Anaconda, MT 59711
A lawsuit has been filed, against you in this Court under the number shown

above. A copy of the Amended Complaint is attached.
This is not a summons, or an official notice from the court. It is a request
that, to avoid the cost of service by the U.S. Marshal's Service, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid
these expenses, you must file the signed waiver within 30 days from the date
shown below, which is the date this notice was sent.
If you file the signed waiver, the action will then proceed as if you were

served on the date the waiver is filed, but no summons will be served on you and
you will have 60 days from the date this notice is sent (see the date below) to

1

answer the Complaint.
If you do not return the signed waiver within the time indicated, the Court

will order the U.S. Marshal's Service to serve the summons and complaint on you
and may impose the full costs of such service.
Please read the statement below about the duty to avoid unnecessary
expenses.

emiah C. Lynch
nited States Magistrate Judge

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 indude 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.

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Notice of a Lawsuit and
Request to Waive Service of
Summons

vs.
TIM BARK.ELL, et al.,
Defendants.
TO:

Richard Pasha
800 South Oak Street
Anaconda, MT 59711
A lawsuit has been filed, against you in this Court under the number shown

above. A copy of the Amended Complaint is attached.
This is not a summons, or an official notice from the court. It is a request
that, to avoid the cost of service by the U.S. Marshal's Service, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid
these expenses, you must file the signed waiver within 30 days from the date
shown below, which is the date this notice was sent.
If you file the signed waiver, the action will then proceed as if you were
served on the date the waiver is filed, but no summons will be served on you and
you will have 60 days from the date this notice is sent (see the date below) to

1

answer the Complaint.
If you do not return the signed waiver within the time indicated, the Court

will order the U.S. Marshal's Service to serve the summons and complaint on you
and may impose the full costs of such service.
Please read the statement below about the duty to avoid unnecessary
expenses.
DATED this 21st day of Novemb

e emiah C. Lynch
nited States Magistrate Judge
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.

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
WILLIAM NORDHOLM,

CV 17-11-BU-BMM-JCL

Plaintiff,
Rule 4 Notice of a Lawsuit and
Request to Waive Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

Mark Durkin
800 South Oak Street
Anaconda, MT 59711
A lawsuit has been filed, against you in this Court under the number shown

above. A copy of the Amended Complaint is attached.
This is not a summons, or an official notice from the court. It is a request
that, to avoid the cost of service by the U.S. Marshal's Service, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid
these expenses, you must file the signed waiver within 30 days from the date
shown below, which is the date this notice was sent.
If you file the signed waiver, the action will then proceed as if you were
served on the date the waiver is filed, but no summons will be served on you and
you will have 60 days from the date this notice is sent (see the date below) to

1

answer the Complaint.
If you do not return the signed waiver within the time indicated, the Court
will order the U.S. Marshal's Service to serve the summons and complaint on you
and may impose the full costs of such service.
Please read the statement below about the duty to avoid unnecessary
expenses.
DATED this 2I5t day ofNovemb

r miah C. Lynch
ited States Magistrate Judge

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.

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Notice of a Lawsuit and
Request to Waive Service of
Summons

vs.
TIM BAR.KELL, et al.,
Defendants.
TO:

Brendon Staley
800 South Oak Street
Anaconda, MT 59711
A lawsuit has been filed, against you in this Court under the number shown

above. A copy of the Amended Complaint is attached.
This is not a summons, or an official notice from the court. It is a request
that, to avoid the cost of service by the U.S. Marshal's Service, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid
these expenses, you must file the signed waiver within 30 days from the date
shown below, which is the date this notice was sent.
If you file the signed waiver, the action will then proceed as if you were

served on the date the waiver is filed, but no summons will be served on you and
you will have 60 days from the date this notice is sent (see the date below) to

1

answer the Complaint.
If you do not return the signed waiver within the time indicated, the Court

will order the U.S. Marshal's Service to serve the summons and complaint on you
and may impose the full costs of such service.
Please read the statement below about the duty to avoid unnecessary
expenses.
DATED this 21 51 day ofNovem

emiah C. Lynch
nited States Magistrate Judge
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.

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Waiver of the Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

The U.S. District Court for the District of Montana
The following Defendant acknowledges receipt of your request to waive

service of summons in this case. Defendant also received a copy of the Amended
Complaint. I am authorized by the following Defendant to agree to save the cost
of service of a summons and an additional copy of the Amended Complaint in this
action by not requiring that the following individual be served with judicial
process in the case provided by Fed.R.Civ.P. 4.
Name of Defendant:
The above-named Defendant understands that he will keep all defenses or
objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but
waives any objections to the absence of a summons or of service.
Defendant also understands that he must file and serve an answer or a

1

motion under Rule 12 within 60 days from the date when the Request for Waiver
of Service of Summons was filed and if he fails to so default judgment will be
entered against him.
Date: - - - - - - - - - - (Signature of the attorney
or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Waiver of the Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

The U.S. District Court for the District of Montana
The following Defendant acknowledges receipt of your request to waive

service of summons in this case. Defendant also received a copy of the Amended
Complaint. I am authorized by the following Defendant to agree to save the cost
of service of a summons and an additional copy of the Amended Complaint in this
action by not requiring that the following individual be served with judicial
process in the case provided by Fed.R.Civ.P. 4.
Name ofDefendant:
The above-named Defendant understands that he will keep all defenses or
objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but
waives any objections to the absence of a summons or of service.
Defendant also understands that he must file and serve an answer or a

1

motion under Rule 12 within 60 days from the date when the Request for Waiver
of Service of Summons was filed and if he fails to so default judgment will be
entered against him.
Date:

(Signature of the attorney
or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Waiver of the Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

The U.S. District Court for the District of Montana
The following Defendant acknowledges receipt of your request to waive

service of summons in this case. Defendant also received a copy of the Amended
Complaint. I am authorized by the following Defendant to agree to save the cost
of service of a summons and an additional copy of the Amended Complaint in this
action by not requiring that the following individual be served with judicial
process in the case provided by Fed.R.Civ.P. 4.
Name of Defendant:
The above-named Defendant understands that he will keep all defenses or
objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but
waives any objections to the absence of a summons or of service.
Defendant also understands that he must file and serve an answer or a

1

motion under Rule 12 within 60 days from the date when the Request for Waiver
of Service of Summons was filed and if he fails to so default judgment will be
entered against him.
Date:

-----------

(Signature of the attorney
or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Waiver of the Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

The U.S. District Court for the District of Montana
The following Defendant acknowledges receipt of your request to waive

service of summons in this case. Defendant also received a copy of the Amended
Complaint. I am authorized by the following Defendant to agree to save the cost
of service of a summons and an additional copy of the Amended Complaint in this
action by not requiring that the following individual be served with judicial
process in the case provided by Fed.R.Civ.P. 4.
Name of Defendant:
The above-named Defendant understands that he will keep all defenses or
objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but
waives any objections to the absence of a summons or of service.
Defendant also understands that he must file and serve an answer or a

1

motion under Rule 12 within 60 days from the date when the Request for Waiver
of Service of Summons was filed and if he fails to so default judgment will be
entered against him.
Date:

-----------

(Signature of the attorney
or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Waiver of the Service of
Summons

vs.
TIM BARKELL, et al.,
Defendants.
TO:

The U.S. District Court for the District of Montana
The following Defendant acknowledges receipt of your request to waive

service of summons in this case. Defendant also received a copy of the Amended
Complaint. I am authorized by the following Defendant to agree to save the cost
of service of a summons and an additional copy of the Amended Complaint in this
action by not requiring that the following individual be served with judicial
process in the case provided by Fed.R.Civ.P. 4.
Name of Defendant:
The above-named Defendant understands that he will keep all defenses or
objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but
waives any objections to the absence of a summons or of service.
Defendant also understands that he must file and serve an answer or a

1

motion under Rule 12 within 60 days from the date when the Request for Waiver
of Service of Summons was filed and if he fails to so default judgment will be
entered against him.
Date: - - - - - - - - - - (Signature of the attorney
or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
CV 17-11-BU-BMM-JCL

WILLIAM NORDHOLM,
Plaintiff,

Rule 4 Waiver of the Service of
Summons

vs.
TIM BARK.ELL, et al.,
Defendants.
TO:

The U.S. District Court for the District of Montana
The following Defendant acknowledges receipt of your request to waive

service of summons in this case. Defendant also received a copy of the Amended
Complaint. I am authorized by the following Defendant to agree to save the cost
of service of a summons and an additional copy of the Amended Complaint in this
action by not requiring that the following individual be served with judicial
process in the case provided by Fed.R.Civ.P. 4.
Name of Defendant:
The above-named Defendant understands that he will keep all defenses or
objections to the lawsuit, the Court's jurisdiction, and the venue of the action, but
waives any objections to the absence of a summons or of service.
Defendant also understands that he must file and serve an answer or a

1

motion under Rule 12 within 60 days from the date when the Request for Waiver
of Service of Summons was filed and ifhe fails to so default judgment will be
entered against him.
Date:

-----------

(Signature of the attorney
or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

2