Meyer, Suozzi, English & Klein, P.C. v. Higbee et al

Filing 31

RESPONSE in Opposition re 30 MOTION for Service by Publication Requesting That Service of Process be Deemed Effectuated on Defendants Youngson and RM Media, 24 MOTION to Vacate 21 MOTION for Default Judgment filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit A. Higbee Defendants May 9, 2018 letter and draft complaint to Plaintiff., # 2 Exhibit B. Acknowledgment of service by mail, # 3 Exhibit C. Defendant Nick Youngsons Copyright Registration filed with the United States Copyright Office, # 4 Exhibit D. Current printout of the information on file for the Copyright Registration filed with the United States Copyright Office, # 5 Exhibit E. Request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division for service of process upon RM Media, # 6 Exhibit F. Response to request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division, # 7 Exhibit G. Docket reports of prior cases in which Jeanne Weisneck has appeared as co-counsel with the Higbee Defendants) (Schlosser, Kevin)

EXHIBIT B

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.,
Plaintiff,
-againstCivil Action No.

18cv3353(ADS)(ARL)

MATHEW K. HIGBEE, Esq.,
NICK YOUNGSON,
RM MEDIA, LTD.,
And HIGBEE & ASSOCIATES,
Defendants.

STATEMENT OF SERVICE BY MAIL AND
WAIVER OF SERVICE
OF
Summons and Complaint
This STATEMENT OF SERVICE BY MAIL is hereby served upon Mathew K. Higbee, Esq., and
WAIVER OF SERVICE is hereby requested, pursuant to Rule 4 of the Federal Rules of Civil Procedure.
To:

Mathew K. Higbee, Esq.,

Pursuant to the enclosed waiver form, should you fail to waive service within sixty (60) days, you
(or the party on whose behalf you are being served) will be required to pay any expenses incurred in
serving the summons and complaint in any other manner permitted by law, and that cost of such service
as permitted by law will be entered as a judgment against you (or the party on whose behalf you are being
served).
With this statement, you have received two copies of the waiver form, a copy of the summons
and complaint, and a prepaid means of returning one copy of the waiver form to the sender. The signed
return of the waiver does not relieve you of the necessity to answer the complaint, but only allows you
more time to do so.
If you are served on behalf of a corporation, unincorporated association, partnership or other
entity, you must indicate under your signature your relationship to the entity. If you are served on behalf
of another person and you are authorized to receive process, you must indicate under your signature your
authority. It is a crime to forge a signature or to make a false entry on the waiver form.
Dated: Garden City, New York
June 13,2018
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.
Pro Se
By:
A/_________________
Kevin Schlosser
990 Stewart Avenue, Suite 300
Garden City, New York 11530-9194
Tel.: [phone]
[e-mail]
4116853

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

United States District Court
for the

MEYER, SUOZZI, ENLGISH & KLEIN, P.C.
Plaintiff
V.

MATHEW K. HIGBEE, Esq., et al.
Defendant

)
)
)
)
)

Civil Action No. 18cv3353(ADS)(ARL)

WAIVER OF THE SERVICE OF SUMMONS
To; Kevin Schlosser
(Name of the plaintiffs 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.
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 I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
60 days from _______ 06/13/2018_______ , 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:
Signature of the attorney or unrepresented party
Printed name ofparty waiving sendee ofsummons

Printed name

Address

E-mail address
Telephone tiumber
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 fonn, 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.