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Case 1:05-cv-00896-WKW-VPM Document4 Filed 11/21/2005 Page 1 of 1 Case 1:05-cv-00896-MHT-VPM Document3-1_ Filed 11/08/2005 Page 2 of 2 Waiver of Service of Summons “7: = 5 => -.
ear : ier, Regional Attorney z TO: Charles E. Guerr 105 SEP 20 A B17 1 ee receipt of your request that I waive service of a summons in the action of EEOC v. Factory Conn LC, which is case number /% OF Ci - D5 (e- 7, Chix in the United States District Court for the Middle Districtof Alabama. Ihave also rectiyéd.a i copyo ofthé complaint in the action, two copies of this instrument, and a means by which | can return the Signed waivetsd-you without cost to me. lagree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf 1am acting) be served with judicial process in the manner provided by Rule 4.
1 (or the entity on whose behalf Lam acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections besed on a defect in the summons or in the service of the summons.
Tunderstand that a judgment may be entered against me (or the party on whose 1 ie wee if an answer or motion under Rule 12 is not served upon you within 60 days a within 90 days after that date if the request was sent “a. at Ae Date: iy enh { [7 L005 ke Signature } } Typed name: Deck Ke afi VA as Agent for phair Factory Connection, LLC F/K/A Liscosetle Qutir) ing
Duty to Avoid Unnecessary Costs of Service of Summons Rule 4 of the Federal Rules of Civil Procedures requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint A defendant who, after being notified of an action and asked to waive service of a summons, fails todo so will be required to bear the cost of such service unless good cause be shown for its failure to sign and retum the waiver.
Trisnot good cause fora failure to waive service thata party believes that the complaint is unfounded, or that the action has been brought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives service of the summons retains al] defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought. A defendant who waives service must within the time specified on the waiver form serve on the plaintiff's attorney (or unrepresented plaintiff) a response to the complaint and must also file a signed copy of the response with the court. Ifthe answer or motion is not served within this time, a default judgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received.
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