Waiver of Service Returned Executed filed by Oto Analytics — Oto Analytics, LLC v. Benworth Capital Partners LLC (Dkt. 15, N.D. Cal. No. 3:24-cv-03975)

Record facts

U.S. District Court for the Northern District of California · No. 4:24-cv-03975-AMO · Doc. 15 · 2024-07-12 · Docket on CourtListener

Full text

AO 399 (01/09) Waiver of the Service of Summons 
UNITED STATES DISTRICT COURT 
for the 
Northern  District of California 
OTO ANALYTICS, LLC, 
) 
) 
) 
) 
) 
Plaintiff 
v. 
Civil Action No. 3:24-cv-03975 
BENWORTH CAPITAL PARTNERS, LLC, 
Defendant 
 
WAIVER OF THE SERVICE OF SUMMONS 
To: Alexander L. Cheney  
  
 
(Name of the plaintiff’s attorney or unrepresented plaintiff) 
 
 
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’s 
jurisdiction, 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 
7/5/2024 
, the date when this request was sent (or 90 days if it was sent outside the United 
United States).  If I fail to do so, a default judgment will be entered against me or the entity I represent. 
 
 
Date: 
7/8/2024 
  
 
 
Signature of the attorney or unrepresented party 
/s/Benworth Capital Partners LLC 
Jorge L. Piedra 
Printed name of party waiving service of summons   
Printed name 
 
2525 Ponce de Leon Blvd. 
9th Floor 
Coral Gables, FL 33134 
 
 
 
Address 
 
jpiedra@kttlaw.com 
 
E-mail address 
 
305-728-2975 
 
Telephone number 
 
Case 4:24-cv-03975-AMO     Document 15     Filed 07/12/24     Page 1 of 2

 
 
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.   
 
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. 
 
Case 4:24-cv-03975-AMO     Document 15     Filed 07/12/24     Page 2 of 2

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