`
`AO 399 (01/09) Waiver of the Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`Western District of Texas
`
`
`Triller, Inc.,
`Plaintiff
`v.
`
`ByteDance LTD., and TikTak,Inc.
`Defendant
`
`)
`)
`)
`)
`)
`
`Civil Action No. 6:20-cv-00693-ADA
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`WAIVER OF THE SERVICE OF SUMMONS
`
`
`To; Wesley Hill, attorney for Plaintiff
`(Nameofthe plaintiff's attorney or unrepresentedplaintiff)
`
`[have received your request to waive service of a summonsin this action along with a copy of the complaint,
`two copies of this waiver form, and a prepaid meansof returning one signed copy of the form to you.
`
`I, or the entity I represent, agree to save the expense of serving a summonsand complaintin 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 venueofthe action, but that I waive any objections to the absence of a summonsorofservice,
`
`Talso understandthatI, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
`60 days from
`08/18/2020
`, the date when this request was gent (or 90 days if it was sent gutside the
`
`
`
`Date:
`
`08/18/2020
`
`ature ofthe atiorney or unrepresented party
`
`ByteDance LTD.
`Melissa Smith
`Printed name ofparty waiving service ofsummons
`Printed name
`Gillam & Smith, LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`
`
`Address
`
`melissa@gillamsmithlaw.com
`E-mail address
`
`(903) 934-8450
`Telephone number
`
`
`Duiy to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expensesof serving a summons
`and complaint, A defendant whois located in the United States and whofails to return a signed waiver of service requested by a plaintifflocated in
`the United States will be required to pay the expenses of services, unless the defendant shows good causeforthe 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
`no jurisdiction over this matter or over the defendantor the defendant’s property.
`
`Ifthe waiver is signed and returned, you ean still make these and all other defenses and objections, but you cannot object to the absence of
`asummons orof service.
`
`Ifyou waive service, then you must, within the time specified on the waiver form, serve an answerof 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.
`
`