Case 1:20-cv-00024-MN Document 5 Filed 03/30/20 Page 1 of 1 PageID #: 118
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`AO 399 (01/09) Waiver of the Service of Summons
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`UNITED STATES DISTRICT COURT
`for the
` District of Delaware
`__________ District of __________
`
`Civil Action No.
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`1:20-cv-00024-MN
`
`)))))
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`Exela Pharma Sciences, LLC
`Plaintiff
`v.
`Avadel Legacy Pharmaceuticals, LLC et al.
`Defendant
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`To:
`
`Corrin N. Drakulich
`(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 form 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 if it was sent outside the
`03/30/2020
`United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
`
`Date:
`
`03/30/2020
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` Avadel Legacy Pharmaceuticals, LLC
`Printed name of party waiving service of summons
`
`Signature of the attorney or unrepresented party
`Kurt Mathas
`Printed name
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601-9703
`Address
`KMathas@winston.com
`E-mail address
`(312) 558-8329
`Telephone number
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`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.
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`“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.
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