Case 2:17-cv-00062-UA-MRM Document 9 Filed 03/14/17 Page 1 of 1 PageID 41
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`Case 2:17—cv—OOO62—UA—MRM Document 9 Filed 03/14/17 Page 1 of 1 Page|D 41
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`A0 399 (01/09) Waiver of the Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`Middle District of Florida
`
`Herbert E. Townsend
`Plaintifl
`V.
`Brooks Sports, Inc.
`Defendant
`
`)
`)
`)
`)
`)
`
`Civil Action No. 2:17-cv-62
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`To: David C. Potter, Esq. and Steven J. Hampton, Esq.
`(Name ofthe plaintiffs attorney or unrepresentedplaintzfi)
`
`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 1 represent, must file and serve an answer or a motion under Rule 12 within
`60 days from
`02/03/2017
`, the date when this request was sent (or 90 days if it was sent outside the
`United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
`
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`Signature ofthe attorney or unrepresentedparty
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
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`Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving 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.
`
`