`
`AO 399 (01109) Waiver of the Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`G
`District of Delaware
`
`Civil Action No. 17-72-SLR
`
`)))))
`
`Shionogi,
`
`Inc. and Andrx Labs, L.L.C.
`Plaintiff
`v.
`Aurobindo Pharma, Ltd., et al,
`Defendant
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`Esquire
`To: Stephen B. Brauerman,
`(Name of the plaintiff's attorney or unrepresented plaintiff)
`
`in this action along with a copy of the complaint,
`to waive service of a summons
`I have received your request
`two copies of this waiver
`form, and a prepaid means ofretuming
`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.
`
`the court's
`to the lawsuit,
`or objections
`I, or the entity I represent, will keep all defenses
`that
`I understand
`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
`60 days from
`United States).
`
`file and serve an answer or a motion under Rule 12 within
`that I, or the entity I represent, must
`04/25/2017
`, the date when this request was sent (or 90 days if it was sent outside the
`fail to do so, a default
`judgment will be entered against me or the entity I represent.
`
`Ifl
`
`Date:
`
`Aurobindo Pharma, Ltd.
`Printed name of party waiving service a/summons
`
`Steven Moore
`Printed name
`Withers Bergman LLP
`1700 East Putnam Ave, Suite 400
`Greenwich, Connecticut
`
`Address
`
`steven.moore@withersworldwide.com
`E-mail address
`
`(203) 302-4069
`Telephone number
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 ofthe 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.
`
`"Good cause" does no/ 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.
`
`lfyou 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.
`
`