Anwar et al v. Fairfield Greenwich Limited et al

Filing 276

WAIVER OF SERVICE RETURNED EXECUTED. Citco Group Limited waiver sent on 10/6/2009, answer due 1/4/2010. Document filed by Citco Group Limited; Julia Anwar. (Barrett, David)

Anwar et al v. Fairfield Greenwich Limited et al

Doc. 276

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
ANWAR, et al.,
Plaintiffs,
v.

F AIRFIELD GREENWICH LIMITED,
et al.,

Master File No. 09-cv-118 (VM)

Defendants.

WAIVER OF THE SERVICE OF
SUMMONS AND COMPLAINT

This Document Relates To: All Actions

TO: Sashi Bach Boruchow, Esq.
I have received your request to waive service of summons on Citco Group
Limited in the above-styled 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.

On behalf of Citco Group Limited, I am authorized to execute this waiver
and I agree to save the expense of serving a summons and complaint in this case.

I understand that Citco Group Limited wil keep all defenses or objections to
the lawsuit, the Court's jurisdiction, and the venue of

the action, but that Citco

Group Limited waives any objections to the absence of a summons or of service.

I also understand that, pursuant to Stipulation Adjourning Deadline to
Respond to the Complaint, dated June 9, 2009, Citco Group Limited must file and

servean answer or a motion within forty-five (45) days from September 29,2009,

Dockets.Justia.com

the date on which the Second Consolidated Amended Complaint was filed. If
Citco Group Limited fails to respond within that time, a default judgment may be
entered against it.

Dated: Octoberl,2009

)
Am ndaMcGo
Gilb ide, Heller Brown, P .A.

One Biscayne Tower, 15th Floor

2 South Biscayne Boulevard Miami, Florida 33131 amcgovern~ghblaw.com
T: [phone]

DUTY TO AVOID UNNECESSARY EXPENSE 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 stil make these and all other
defenses and objections, but you cannot object to the absence of a summons or of
service.