`
`At) 390 in HUI-)1 Waiver ol'tlie Service of Summons
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Minnesota
`
`Oxygenator Water Technologies. Inc.
`Martin}?
`v.
`Tennant Company
`Defendant
`
`;
`)
`.l
`}
`
`Civil Action No. 0:20-Cv-00358
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`To:
`
`J. Derek Vandenburgh
`(Annie ofttie ptotmifl": error-oer or unrepresented plfltmt'fl}
`
`l have received your request to waive service ofa summons in this action along with a copy ofthe complaint.
`two copies ofthis waiver form, and a prepaid means of returning one signed copy of the form to you.
`
`L or the entity i represent, agree to save the expense of serving a summons and complaint in this case.
`
`I understand that l. 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 ofa summons or ofservice.
`
`1 also understand that l, or the entity 1 represent, mttst file and serve an onswer
`
`60 days from
`0310912020
`_. the date when this reuest w- ”sen
`
`or a motion under Rule 12 within
`
`Date:
`
`03l09t2020
`
`Tennant Comgny
`Printed mime ofpm'tt' trim-trig service (afsmnmons
`
`
`to days it‘ it was sent outside the
`tity 1 rent sent.
`
`
`Signature ofthe attorney 0r trump:’eseritedimrn!
`
`
`
`Lora M. Friedemann
`Primed name
`Fredrikson & Byron. PA.
`200 South 6th Street. Suite 4000
`
`Minneapolis. MN 55402
`Address
`
`ltriedemann fredlaw.com
`
`E-nmr')‘ address
`
`£612! 492-7000
`Telephone number
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 ol‘tlte Federal Rules ofC ivil Procedure tequires certain defendants to cooperate in saving tmnecemary expenses ofserving a summons
`and complaint. A defendant who is located in the United States and who fails to return a signed waiver ofservice requested by a plaintifiF located in
`the United States will he required to pay the expenses of service. unless the defendant shows good cause For the failure.
`
`"Good cause“ does not include a belie t‘ that the lawsuit is groundless. or that it has been brought in an improper venue. or that the coun 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 at service.
`
`ll‘you wait-e service. then you must. within the time specified on the waiver font], Serve no answcrora motion under Rule l2 on the plaintiff
`and file a copy with the court. By signing and returning the waiver form. you are allowed more time to tespond than if a summons had been served.
`
`Tennant Company
`Exhibit 1040
`
`Tennant Company
`Exhibit 1040
`
`