rule 4(d) waiver robert bauer 5.10-cv-503

7/29/2019 Rule 4(d) Waiver Robert Bauer 5.10-Cv-503

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UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION - CASE NO.: 5:10-cv-503-oc-WTH-DAB

Fed. R. Civ. Pro. 4(d) Waiving Service.

1. U.S.P.S. Certified Mail, 7010 0780 0000 8981 6481, to Robert W. Bauer, et al.Acceptance, October 30, 2010, 10:12 am, OCALA, FL 34474

Delivered, November 01, 2010, 12:49 pm, GAINESVILLE, FL 32609

2. Fed. R. Civ. Pro. 4(d) Waiving Service, provided for each Defendant:

AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons

AO 399 (01/09) Waiver of the Service of Summons

THE LAW OFFICE OF ROBERT W. BAUER, P.A.

ROBERT W. BAUER

3. Duty to Avoid Unnecessary Expenses of Serving a Summons [AO 399 (01/09)]

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 defendants 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 of service.

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.

Rule 4(m) Time Limit for Service. If a defendant is not served within 120 days after the

complaint is filed, the courton motion or on its own after notice to the plaintiffmustdismiss the action without prejudice against that defendant or order that service be made

within a specified time. But if the plaintiff shows good cause for the failure, the court

must extend the time for service for an appropriate period. This subdivision (m) does not

apply to service in a foreign country under Rule 4(f) or 4(j)(1).

http://www.law.cornell.edu/rules/frcp/rule_4


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rADDOCK BRANCH POOCALA, Fl or; da3447443011143840606 -009510/30/2010 (352)861-8188 10:13:15 AM

Sales ReceiptProductDescription SdleQty UnitPriceGAINESVILLE FLZone-1 Priority Mail1 lb . 1.90 oz.

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8. Robert W. Bauer, Attorney at Law Law Office of Robert W. Bauer, P.A.

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3/9

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Label/Receipt Number: 7010 0780 0000 8981 6481Expected Delivery Date: November 1, 2010

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4/9

AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons

UNITED STATES DISTRICT COURTfor the

Middle District of Florida

NEIL J. GILLESPIEPlaintif!v.

THE LAW OFFICE OF ROBERT W. BAUER, PA Defendant

)))))Civil Action No. 5:10-cv-503-oc-wrH-DAB

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONSTo: Mr. ROBERT W. BAUER

(Name ofthe defendant or - if the defendant is a corporation. portnership. or association - an officer or agent authorized to receive service)

Why ar e you getting this?A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.A copy of the complaint is attached.This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formalservice of a summons by s igning and returning the enclosed waiver. To avoid these expenses, you must return the signed

waiver within ~ days (give at least 30 days. or at least 60 days if the dejendant is outside any judicial district ofthe United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

What happens next?If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of

the United States).If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.Please read the enclosed statement about the duty to avoid unnecessary expenses.I certify that this request is being sent to you on the date below.

Date: 10/30/2010

8092 SW 115th LoopOcala, Florida 34481Address

neilgiliespie@mfLnetE-mail address

352-854-7807Telephone number


5/9

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AO 399 (01/09) Waiver of the Service of Summons



NEIL J. GILLESPIE )Plaintiff )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABTHE LAW OFFICE OF ROBERT W. BAUER, P.A. )

Defendant )WAIVER OF THE SERVICE OF SUMMONS

To: NEIL J. GILLESPIE(Name of the plaintiff's attorney or unrepresentedplaintiff)

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'sjurisdiction, 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 file and serve an answer or a motion under Rule 12 within60 days from 10/30/2010 , the date when this request was sent (or 90 days if it was sent outside theUnited States). If I fail to do so, a default judgment will be entered against me or the entity I represent.

Date:Signature o f the attorney or unrepresentedpar ty

THE LAW OFFICE OF ROBERT W. BAUER, P.A.Printed name ofparty waiving service ofsummons Printed name

Address

E-mail address

Telephone numberDuty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 ofthe Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summonsand complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a pla intiff located inthe 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 hasno 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 ofa summons or of service.If you waive service, then you must, within the time specified onthe waiverform, serve an answer or a motion under Rule 12 on the plaintiffand file a copy with the court. By signing and returning the waiver form, you are aIlowed more time to respond than if a summons had been served.


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AO 399 (01/09) Waiver of he Service of Summons



NEIL J. GILLESPIEPlaintiff ))v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABTHE LAW OFFICE OF ROBERT W. BAUER, PA )



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'sjurisdiction, 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 file and serve an answer or a motion under Rule 12 within60 days from 10/30/2010 , the date when this request was sent (or 90 days if it was sent outside theUnited States). If! fail to do so, a default judgment will be entered against me or the entity I represent.

Date:Signature o f the attorney or unrepresented party

THE LAW OFFICE OF ROBERTW. BAUER, PAPrinted name o fparty waiving service o fsummons Printed name

Address

E-mail address


Rule 4ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a swnmonsand 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 inthe 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 hasno 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 ofa swnmons or of service.If you waive service, then you must, within the time specifiedon the waiverform, serve an answer or a motion under Rule 12 onthe plaintiffand 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.


7/9

AO 398 (Rev. 01/09) Notice ofa Lawsuit and Request to Waive Service of a Summons



NEIL J. GILLESPIE )Plaintif! )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABROBERT W. BAUER )

Defendant )NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: Mr. ROBERT W. BAUER(Name of the defendant or - if the defendant is a corporation, portnership, or association - an officer or agent authorized to receive service)

Why are you getting this?A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.A copy of the complaint is attached.This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formalservice of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed

waiver within ~ days (give at least 30 days, or at least 60 days if the defendant is outside anyj udicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

What happens next?If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice

is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judic ial district ofthe United States).

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.Please read the enclosed statement about the duty to avoid unnecessary expenses.I certify that this request is being sent to you on the date below.

Date: 10/30/2010

Printed name8092 SW 115th LoopOcala, Florida 34481Address

[email protected] address

352-854-7807Telephone number


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AO 399 (01/09) Waiver of he Service of Summons



NEIL J. GILLESPIEPlaintiff ))v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABROBERT W. BAUER )



I have received your request to waive service ofa 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'sjurisdiction, 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 file and serve an answer or a motion under Rule 12 within60 days from 10/30/2010 , the date when this request was sent (or 90 days if it was sent outside theUnited States). If I fail to do so, a default judgment will be entered against me or the entity I represent.

Date:Signature of the attorney or unrepresentedparty

ROBERT W. BAUERPrinted name ofparty waiving service o fsummons Printed name

Address

E-mail address


Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving a summonsand complaint. A defend ant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located inthe 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 hasno 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 ofa summons or of service.If you waive service, then you must, within the time specifiedon the waiver form, serve an answer or a motion under Rule 12 on the plaintiffand 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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AD 399 (01109) Waiver of the Service of Summons



NEIL J. GILLESPIE )Plaintiff )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABROBERT W. BAUER )



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 ofretuming 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'sjurisdiction, 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 file and serve an answer or a motion under Rule 12 within

60 days from 10/30/2010 , the date when this request was sent (or 90 days if it was sent outside theUnited States). If I fail to do so, a default judgment will be entered against me or the entity I represent.

Date:Signature o f the attorney or unrepresentedparty

ROBERT W. BAUERPrinted name ofparty waiving service ofsummons Printed name

Address

E-mail address


Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summonsand 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 inthe 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 hasno 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 ofa summons or of service.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 plaintiffand 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.

rule 4(d) waiver robert bauer 5.10-cv-503

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