`
`UNITED STATES DISTRICT COURT
`for the
`
`Western District of North Carolina
`
`Lifescan, Inc. and Lifescan Scotland, Ltd.
`Plaintifl
`V .
`
`Unistrig Technologies, LLC
`Defendant
`
`\J\&\—/\/\/
`
`Civil Action No.
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`To: Clements Bernard PLLC-Registered Agent for Defendant
`U‘/ame ofthe plaintiff's attorney or unrepresenredplaintzfl
`
`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 tile and serve an answer or a motion under Rule 12 within
`60 days from 7/21/2014
`, 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.
`
`
`
`ofthe attorney or unrepresentedparty
`
`Lawrence A. Baratta, Jr.
`Printed name
`Clements Bernard PLLC
`
`1901 Roxborough Rd, Ste. 250, Charlotte, NC 28211
`Address
`
`lbaratta@worldpatents.com
`E-mail address
`
`704-790-3600
`
`Telephone number
`
`Date;
`
`1 4
`
`UniStrip Technologies, LLC
`Printed name of‘party waiving service ofsummons
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 of the Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses of sewing 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 beliefthat the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
`nojurisdiction over this matter or over the defendant or the defendant’s_ property.
`
`If the waiver is signed and retumed, you can still make these and all other defenses and objections, but you cannot object to the absence of
`a summons or of service.
`
`Ifyou waive service, then you must, within the time specified on the waiver fonn, 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.
`
`Case 3:14-cv-00274-RJC-DSC Document 8-2 Filed 07/23/14 Page 1 of 1
`Case 3:14—cv—OO274—RJC—DSC Document 8-24 Filed 07/23/14 Page 1 of 1