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:
SamuelJ. Lassoff,Esquire
Lassoff Law Associates,LLC
1616 Walnut Street
Suite 1105
Philadelphia, PA 19103

', (Defendant;Google,Inc.),acknowledgereceiptofyour
request,that I waive serviceof summonsin the action of, Lassoff. on behalf of himself, and other
Pennsylvaniaand New Jerseyresidentssimilarly situatedv. Google.Inc., which is casenumber 06-
3542 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
this by not requiring that I (or the entity on whosebehalf I am acting) be servedwith
lav.'suit
judicial processin the mannerprovided by Rule 4.
I (or the entity on whose behalf I am acting) will retain all defensesor objectionsto the
lawsuit or to the jurisdiction or venueof the court exceptfor objectionsbasedon a defect in the
summonsor in the serviceof the summons.
I understandthat ajudgment may be enteredagainstme (or the party on whose behalf I am
acting) if an answeror motion under Rule 12 is not servedupon you within 60 days,or within 90
days after that date if the requestwas

SIGN
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Duty to Avoid UnnecessaryCostsof Serviceof Summons

Rule 4 of the FederalRules of Civil Procedurerequirescertainpartiesto cooperatein saving
unnecessarycostsof serviceof the summonsand complaint. A defendantlocatedin the United
Stateswho, after being notified of an action and askedby a plaintiff locatedin the United Statesto
waive serviceof summons,fails to do so will be requiredto bearthe cost of such serviceunless
good causebe shown for its failure to sign and return the waiver.
It is not good causefor a failure to waive servicethat a party believesthat the complaint is
unfounded,or that the action has beenbrought in an improper place or in a court that lacks
jurisdiction over the subjectmatter of the action or over its personor property.A party who waives
serviceof the summonsretainsall defensesand objections(exceptany relating to the summonsor
to the serviceof the summons),and may later object to the jurisdiction of the court or to the place
where the action has beenbrought.
A defendantwho waives service must within the time specified on the waiver form serve on
the plaintiff s attorney(or unrepresentedplaintiff) a responseto the complaint and must also file a
signedcopy of the responsewith the court. If the answeror motion is not servedwithin this time, a
defaultjudgment may be taken againstthat defendant.By waiving service,a defendantis allowed
more time to answerthan if the summonshad beenactually servedwhen the requestfor waiver of
servicewas received.

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