LASSOFF v. GOOGLE, INC.

Filing 3

LASSOFF v. GOOGLE, INC.

Doc. 3

Case 2:06-cv-03542-MAM

Document 3

Filed 09/26/2006

Page 1 of 1

WAIVER OF SERVICE OF SUMMONS
TO: S a m u e lJ. Lassoff,Esquire L a s s o f f Law Associates, LLC 1 6 1 6 Walnut Street S u i t e 1105 P h i l a d e l p h i a , PA 19103 ' , (Defendant;Google,Inc.),acknowledgereceiptofyour r e q u e s t ,that I waive serviceof summonsin the action of, Lassoff. on behalf of himself, and other Pennsylvania and New Jerseyresidentssimilarly situatedv. Google.Inc., which is casenumber 063 5 4 2 in the United StatesDistrict Court for the EasternDistrict of Pennsylvania. I have also receiveda copy of the Complaint,two copiesof this instrument,and a meansby which I can return the signed waiver to you without cost to me. I agreeto savethe cost of serviceof a summonsand an additional copy of the complaint in lav.'suitby not requiring that I (or the entity on whosebehalf I am acting) be servedwith this j u d i c i a l processin the mannerprovided by Rule 4. I (or the entity on whose behalf I am acting) will retain all defenses objectionsto the or l a w s u i t or to the jurisdiction or venueof the court exceptfor objectionsbasedon a defect in the s u m m o n sor in the serviceof the summons. I understandthat ajudgment may be enteredagainstme (or the party on whose behalf I am a c t i n g ) if an answeror motion under Rule 12 is not servedupon you within 60 days,or within 90 days after that date if the requestwas

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D u t y to Avoid UnnecessaryCostsof Serviceof Summons R u l e 4 of the FederalRules of Civil Procedure requirescertainpartiesto cooperatein saving unnecessary costsof serviceof the summonsand complaint. A defendantlocatedin the United S t a t e swho, after being notified of an action and askedby a plaintiff locatedin the United Statesto w a i v e serviceof summons,fails to do so will be requiredto bearthe cost of such serviceunless g o o d causebe shown for its failure to sign and return the waiver. I t is not good causefor a failure to waive servicethat a party believesthat the complaint is u n f o u n d e d ,or that the action has beenbrought in an improper place or in a court that lacks j u r i s d i c t i o n over the subjectmatter of the action or over its personor property.A party who waives s e r v i c eof the summonsretainsall defenses and objections(exceptany relating to the summonsor t o the serviceof the summons),and may later object to the jurisdiction of the court or to the place w h e r e the action has beenbrought. A defendantwho waives service must within the time specified on the waiver form serve on plaintiff s attorney(or unrepresented the plaintiff) a response the complaint and must also file a to s i g n e dcopy of the response with the court. If the answeror motion is not servedwithin this time, a d e f a u l tjudgment may be taken againstthat defendant. waiving service,a defendantis allowed By m o r e time to answerthan if the summonshad beenactually servedwhen the requestfor waiver of s e r v i c ewas received.

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