Waiver of the Service of Summons — Steven C. Sunshine — United States v. Visa Inc. and Plaid Inc (Document 53)

Summary

A Waiver of the Service of Summons form (AO 399) in United States of America v. Visa Inc. and Plaid Inc., Case 4:20-cv-07810-JSW, Document 53, United States District Court, Northern District of California, filed 12/07/20. It is addressed to Steven Sunshine, the plaintiff's attorney, and states that the entity represented agrees to save the expense of serving a summons and complaint while keeping all defenses and objections except those to the absence of a summons or of service. The form states that an answer or a Rule 12 motion must be filed and served within 60 days from 11/05/2020, the date the request was sent. It is dated 12/07/2020 and carries the signature /s/ Steven C. Sunshine for Visa Inc.

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Full text

                   Case 4:20-cv-07810-JSW                      Document 53              Filed 12/07/20            Page 1 of 1

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



                                      UNITED STATES DISTRICT COURT
                                                                  for the
                                                        Northern District
                                                     __________  District of
                                                                          of __________
                                                                             California

                 United States of America,                                   )
                              Plaintiff                                      )
                                 v.                                          )   Civil Action No. 3:20-cv-07810
                   Visa Inc. and Plaid Inc,                                  )
                            Defendant                                        )

                                            WAIVER OF THE SERVICE OF SUMMONS

To: Steven Sunshine
             (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                11/05/2020            , 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 I represent.

Date: 12/07/2020                                                                    /s/ Steven C. Sunshine
                                                                                           Signature of the attorney or unrepresented party

   Visa Inc.                                                                         Steven C. Sunshine
      Printed name of party waiving service of summons                                                        Printed name



                                                                                     1440 New York Avenue, N.W., Washington D.C. 20005
                                                                                                          Address

                                                                                     steven.sunshine@skadden.com
                                                                                                       E-mail address

                                                                                     (202) 371-7000
                                                                                                           Telephone number

                                           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.


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