Jacobs v. Robeson County Public Library, et al

Filing 1

MOTION for Leave to Proceed in forma pauperis filed by Sherryl Lynn Jacobs. (Attachments: # 1 Proposed Complaint, # 2 Equal Employment Opportunity Commission Forms, # 3 Proposed Summonses, # 4 Proposed Waivers, # 5 Civil Cover Sheet) (Grady, B.)

AO 398 (Rev. 01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

vs

)

Civil Action No.

)
Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)
ROBERT F. FISHER; HORACE STACY
)
GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS
)

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Tina Mellen-Stepp-Thomas. (Former Director. Robeson County Public Library)

(Name ofthe defendant or - if the defendant is a corporation. partnership or association - an officer 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 must return
the signed waiver within 30 days 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 of other prepaid means for returning one copy.
You may keep the other copy.

What happens next?
If you 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 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:

_
Signature of the attorney or unrepresented party

Printed name of party waiving service of summons

Printed name
Address
E-mail address
Telephone number

AO 398 (Rev. 01109) Waiver ofthe Service of Summons

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

vs

)

Civil Action No.

)
Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)
ROBERT F. FISHER; HORACE STACY
)
)
GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Tina Mellen-Stepp-Thomas. (Former Director. Robeson County Public Library)

(Name ofthe defendant or- if the defendant is a corporation, partnership or association - an officer 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 must return
the signed waiver within 30 days from the date shown below, which is the date this notice was sent. Two copies of the
waiver fonn are enclosed, along with a stamped, self-addressed envelope of other prepaid means for returning one copy.
You may keep the other copy.

What happens next?
If you 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 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:

_
Signature of the attorney or unrepresented party

Printed name of party waiving service of summons

Printed name

Address
E-mail address
Telephone number

AO 398 (Rev. 01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

VS

)

Civil Action No.

)
Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)
ROBERT F. FISHER; HORACE STACY
)

GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS

)

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Robert F. Fisher. (Fonner Director, Robeson County Public Library)

(Name ofthe defendant or - if the defendant is a corporation, partnership or association - an officer 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 must return
the signed waiver within 30 days from the date shown below, which is the date this notice was sent. Two copies of the
waiver fonn are enclosed, along with a stamped, self-addressed envelope of other prepaid means for returning one copy.
You may keep the other copy.

What happens next?
If you 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 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:

_
Signature of the attorney or unrepresented party

Printed name of party waiving service of summons

Printed name
Address
E-mail address
Telephone number

AO 398 (Rev. 01/09) Waiver ofthe Service of Summons

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

vs

)

Civil Action No.

)

Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)
ROBERT F. FISHER; HORACE STACY
)
GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS
)

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Board of Directors, Robeson County Public Library
(Name ofthe defendant or service)

if the defendant is a corporation. partnership or association -

an officer or agent authorized to receive

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 must return
the signed waiver within 30 days 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 of other prepaid means for returning one copy.
You may keep the other copy.

What happens next?
If you 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 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:

_
Signature of the attorney or unrepresented party

Printed name of party waiving service of summons

Printed name

Address
E-mail address
Telephone number

AO 398 (Rev. 01/09) Waiverofthe Service of Summons

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

vs

)

Civil Action No.

)
Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)

ROBERT F. FISHER; HORACE STACY
GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS

)
)

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Horace Stacy, (Robeson County Public Library, Board of Directors)

(Name ofthe defendant or - if the defendant is a corporation, partnership or association - an officer 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 must return
the signed waiver within 30 days 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 of other prepaid means for returning one copy.
You may keep the other copy.

What happens next?
If you 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 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:

_
Signature of the attorney or unrepresented party

Printed name of party waiving service of summons

Printed name

Address
E-mail address
Telephone number

AO 398 (Rev. 01109) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

vs

)

Civil Action No.

)

Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)
ROBERT F. FISHER; HORACE STACY
)
GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS
)

NOTICE OF ALAWSIDT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Gayle McLean. (Robeson County Public Library, Board of Directors)

(Name ofthe defendant or - if the defendant is a corporation, partnership or association - an officer 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 must return
the signed waiver within 30 days 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 of other prepaid means for returning one copy.
You may keep the other copy.

What happens next?
If you 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 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:

_
Signature of the attorney or unrepresented party

Printed name of party waiving service of summons

Printed name

Address
E-mail address
Telephone number

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

UNITED STATES DISTRICT COURT
for the
Eastern District of North Carolina
Southern Division
Plaintiff, SHERRYL LYNN JACOBS

)
)

vs

)

Civil Action No.

)
Defendant(s)ROBESON COUNTY PUBLIC LIBRARY
)
BOARD OF DIRECTORS, ROBESON COUNTY PUBLIC LIBRARY)
ROBERT F. FISHER; HORACE STACY
)
GAYLE MCLEAN; TINA MELLEN-STEPP-THOMAS
)

WAIVER OF THE SERVICE OF SUMMONS
To: Sherryl Lynn Jacobs

(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 fonn 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 60 days
from
, the date when this request was sent (or 90 days ifit was sent outside the United States). If! 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 of party waiving service of summons

Printed name

Address
E-mail address
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 bad been served.