Waiver of the Service of Summons — United States ex rel. Paul Pietschner v. Kathryn Petralia (Document 50)
Summary
A Waiver of the Service of Summons (Form AO 399), filed 01/13/25 as Document 50 in United States of America ex rel. Paul Pietschner v. Kathryn Petralia, Robert Frohwein, and Spencer Robinson, Civil Action No. 4:21-cv-110-SDJ, in the U.S. District Court for the Eastern District of Texas. It is addressed to Assistant U.S. Attorney Betty Young and signed for defendant Robert Frohwein by attorney Miranda Hooker, dated 01/10/2025. The signer agrees to waive service of a summons and keeps all defenses and objections except those about the absence of a summons or service. The form states that an answer or a Rule 12 motion is due within 60 days from 01/10/2025, the date the request was sent, and explains the duty to avoid unnecessary expenses of serving a summons.
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“Waiver of the Service of Summons — United States ex rel. Paul Pietschner v. Kathryn Petralia (Document 50).”
Original at ecf.txed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-pietschner-v-kabbage-dkt-50-e-d-tex-6198aec928/
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Case 4:21-cv-00110-SDJ Document 50 Filed 01/13/25 Page 1 of 1 PageID #: 396
AO 399 (01/09) Waiver of the Service of Summons
UNITED STATES DISTRICT COURT
for the
Eastern District
__________ District of
of __________
Texas
United States of America ex rel. Paul Pietschner )
Plaintiff )
v. ) Civil Action No. 4:21-cv-110-SDJ
Kathryn Petralia, Robert Frohwein, and Spencer Robinson )
Defendant )
WAIVER OF THE SERVICE OF SUMMONS
To: Assistant U.S. Attorney Betty Young
(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 01/10/2025 , 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: 01/10/2025
Signature of the attorney or unrepresented party
Robert Frohwein Miranda Hooker
Printed name of party waiving service of summons Printed name
100 Northern Avenue
Boston, MA 02210
Address
mhooker@goodwinlaw.com
E-mail address
(617) 570-1334
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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