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`AO 399 (01/09) Waiver of the Service of Summons
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`UNITED STATES DISTRICT COURT
`for the
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`i Eastern District of Texas
`
`i
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`AGIS SOFTWARE DEVELOPMENT LLC,
`Plaintiff
`V.
`LYFT, INC.
`Defendant
`
`)
`)
`)
`)
`)
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`Civil Action No. 2:21-cv-00024
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`WAIVER OF THE SERVICE OF SUMMONS
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`To: Vincent J. Rubino, Ill
`(Name of the plaintiff's attorney or unrepresented plaintiff)
`
`I have received your request to waiv service of a summons in this action along with a copy of the complaint,
`two copies of this waiver form, and a prep · means of returning one signed copy of the form to you.
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`I, or the entity I represent, agree
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`save the expense of serving a summons and complaint in this case.
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`I understand that I, or th 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.
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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
`02/26/2021
`, the date when this request was sent ( or 90 days if it was sent outside the
`60 days from
`United States). If I fail to do so, a default judgment will be entered against me or the e tity I -r-epr-ese
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`Date:
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`02/26/2021
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`AGIS SOFTWARE DEVELOPMENT LLC
`Printed name of party waiving service of summons
`
`Signatu
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`Sara Giardina
`Printed name
`Lyft, Inc.
`185 Berry Street, Suite 5000
`San Francisco, CA 94107
`Address
`mailto:sgiardina@lyft.com
`E-mail address
`
`Telephone number
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
`Rule 4 of the 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 not 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.
`lfthe 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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`If you 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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