Unites States of America v. Apple, Inc. et al

Filing 61

NOTICE of Executed Waivers of Service by Defendants. Document filed by Unites States of America. (Attachments: # 1 Waiver of Service by Apple, Inc., # 2 Waiver of Service by Hachette Book Group, Inc., # 3 Waiver of Service by HarperCollins Publishers L.L.C., # 4 Waiver of Service by Verlagsgruppe Georg von Holtzbrinck GmbH, # 5 Waiver of Service by Holtzbrinck Publishers, LLC d/b/a Macmillan, # 6 Waiver of Service by The Penguin Group, A Division of Pearson PLC, # 7 Waiver of Service by Penguin Group (USA), Inc., # 8 Waiver of Service by Simon & Schuster, Inc.)(Buterman, Lawrence)

AO 398 (Rev. 01/09) Nottce

of a Lawsuit

and Request to Waive Servtce

of a Summons

UNITED STATES DISTRICT COURT
for the
Southern District
United

States of America

of New York

)

Plaintiff

)
)
)

V.

Apple, Inc. et al.

Civil Action No.

1:12-C'1/-2826

)

Defendant

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: Simon 8 Schuster, Inc. c/o Helene D. Jaffe
(Name

of the

defendant or —if the defendant is

a corporati

on, partnership,

or association

—an

of/i

cer or agent authorized to receive service)

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
waiver within
30 days (give at least 30 days, or at least 60 days if the defendant is outside anyjudicial district ofthe United States)
from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

What happens next?
return the signed waiver, I will file it with the court. The action will then proceed as if you had been 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 answer the complaint (or 90 days if this notice is sent to you outside any judicial district of
the United States).

If you

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.

I certify that this request is being sent to you on the date below.
Date:

s/

04/1 1/2012
Signature

of the

attorney or unrepresented

party

Ste hen T. Fairchild
Printed name

U. S. Department of Justice, Antitrust Division
450 Fifth Street NW, Suite 4000
Washington, DC 20530
Address

ste hen. fairchild

usdo'. ov

E-mai l address

202 532-4925
Telephone number

AO 399 (01/09) Waiver

of the Service of Summons

UNITED STATES DISTRICT COURT
for the
Southern District
United

States of America

)
)

Plaintiff

)
)
)

V.

A

le, Inc. et al.
Defendant

of New York

Civil Action No.

1:12-CV-2826

WAIVER OF THE SERVICE OF SUMMONS

To: U. S. Department of Justice,
(Name

Antitrust

Division

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.
that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's
and the venue of the action, but that I waive any objections to the absence of a summons or of service.
jurisdiction,

I understand

and serve an answer or a motion under Rule 12 within
the date when this request was sent (or 90 days if it was sent outside the
60 days from
h
United States). If I fail to do so, a default judgment will be entered

I also understand that I, or the entity I represent, must file

04/11/2012,

Date

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Printed name

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ofparty

waiving service

of summons

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name

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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.