Waiver of the Service of Summons — United States ex rel. Pietschner v. Kabbage, Inc., No. 4:21-cv-00110

Summary

Waiver of the Service of Summons (form AO 399) filed January 13, 2025 as Document 51 in United States of America ex rel. Paul Pietschner v. Kabbage, Inc. et al., Civil Action No. 4:21-cv-110-SDJ, U.S. District Court for the Eastern District of Texas. The form is addressed to Assistant U.S. Attorney Betty Young and is dated 01/10/2025. It states that the party waiving service agrees to save the expense of serving a summons and complaint, keeps all defenses and objections other than to the absence of a summons or of service, and must file and serve an answer or a motion under Rule 12 within 60 days from 01/10/2025, the date the request was sent. The printed name of the party waiving service is Spencer Robinson, and the printed name of the other signer is Henry W. Asbill. The form is one page.

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Case 4:21-cv-00110-SDJ Document51_ Filed 01/13/25 Page 1of1PagelD#: 397

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

UNITED STATES DISTRICT COURT

for the
Eastern District of Texas

United States of America ex rel. Paul Pietschner )
Plaintiff )

v ) Civil Action No. 4:21-cv-110-SDJ
)
)

Kabbage, Inc. et al.
Defendant

WAIVER OF THE SERVICE OF SUMMONS

To: Assistant U.S. Attorney Betty Young
(Name of the plaintiff's attorney or unrepresented plaintiff)

[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.

Lalso 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 Us Li Ad

Sign Jof the attprney or unrepresented party
Spencer Robinson Henry W. Asbill
Printed name of party waiving service of summons Printed name

555 13th Street NW Suite 500W
Washington DC 20004

Address

hasbill@schertlerlaw.com
E-mail address

(202) 628-4199

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 retumed, you can still make these and ail 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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