`Case 1:17-cv-00770-RGA Document 5 Filed 08/04/17 Page 1 of 2 PageID #: 2057
`
`A0 440 (Rev. 06/12) Summons in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`WIRTGEN AMERICA. INC.
`
`Plaintiffls)
`V.
`
`CATERPILLAR INC.
`
`Defendantflv)
`
`Vvvvvvvvvvvv
`
`CivilAction No.
`
`1 7 - 7 7 0
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defendant '5 name and address) Caterpillar Inc.
`c/o The Corporation Trust Company
`1209 Orange Street
`Wilmington. DE 19801
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) —— or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney,
`whose name and address are: Maryellen Noreika
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`PO. Box 1347
`
`VWmington, DE 19899
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`CLERK OF COURT
`
`Date:
`
`fill—1w” ___
`
`___ My
`
`
`Signature «4/:(full or Deputy Clerk _— I
`
`
`
`'—
`
`
`
`Case 1:17-cv-00770-RGA Document 5 Filed 08/04/17 Page 2 of 2 PageID #: 2058
`Case 1:17-cv-00770-RGA Document 5 Filed 08/04/17 Page 2 of 2 PageID #: 2058
`
`A0 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`
`Civil Action No. 17-770
`
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1))
`
`PROOF OF SERVICE
`
`
`This summons for (name of individual and title, ifany) Caterpillar Inc.
`
`was received by me on (date)
`
`08/04/2017
`
`I personally served the summons on the individual at (place)
`Cl
` on (date) ; or
`
`
`
`
`
`El 1 left the summons at the individual’s residence or usual place of abode with (name)
`, a person of suitable age and discretion who resides there,
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`El I served the summons on (name ofindividual)
`
`
`
`The Corporation Trust Company , who is
`
`designated by law to accept service of process on behalf of (name oforganization)
`
`Caterpillar Inc.
`
`on (date)
`
`08/04/2017
`
`i 01‘
`
`[I]
`
`I returned the summons unexecuted because
`
`; or
`
`CI Other (specifiz):
`
`My fees are $3
`
`for travel and $
`
`for services, for a total of $
`
`000
`
`I declare under penalty of perjury that this informa "on is true.
`
`Date:
`
`
`08/04/2017
`
`
`Ste/7M4 momWSWW
`
`Server's signature
`
`Printed name and title
`
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street; PO. Box 1347
`
`Wilmington, DE 19899
`Server’s address
`
`Additional information regarding attempted service, etc:
`
`
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