`Case 2:17-cv-00513-JRG Document 22 Filed 08/24/17 Page 1 of 1 PageID #: 356
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`A0 399 (01/09) Waiver of'the Service of Summons
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`UNITED STATES DISTRICT CQURJI Q;
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`forthe
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`Eastern District of Texas
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`~AGlS Software Development, LLC _
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`Plaintlfl
`v.
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`Huawei Device USA, inc. et at.
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`Defizndant
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`Civil Action No.
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`.,,....W «ww- ”M'—
`2‘117-cv—513 JRG
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`WAWER OF THE SERVICE OF SUMMONS
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`To: Vincent J. Rubino
`(Name ofthe plaintzfi’s attorney or unrepresentedplaintifi)
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`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.
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`I, or the entity 1 represent, agree to save the expense of serving a summons and complaint in this case.
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`I understand that I, or the entity 1 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.
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`I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
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`60 days firom
`07/30/2017
`, 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 1 represent.
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`Date: __
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`08/23/2017
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`[5/ Steven M. Geiszler
`Signature ofthe attorney or unrepresentedparty
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`Huawei Device (Donggyan) 00., Ltd.
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`Steven M. Geiszler
`Primed name ofparty waiving service ofsummons
`Printed name
`Texas Bar No. 24032227
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`”a
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`5340 Legacy Drive, Suite 175
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`Piano, Texas 75024t 77
`Address
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`steven. eiszler huaweicom
`E-mail address
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`(214) 728-4735
`Telephone number
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
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`Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving 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 plaintifflocated in
`the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
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`“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
`no jurisdiction over this matter or over the defenth or the defendant’s property.
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`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.
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`Ifyou 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.
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