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Waiver of the Service of Summons — United States ex rel. Paul Pietschner v. Kabbage, Inc. (Document 52)

Summary

Waiver of the Service of Summons (AO 399) in United States of America ex rel. Paul Pietschner v. Kabbage, Inc. et al., Civil Action No. 4:21-cv-110-SDJ, in the U.S. District Court for the Eastern District of Texas, Document 52 filed 01/15/25. The form is addressed to Assistant U.S. Attorney Betty Young. It states that the party waiving service, named as Kathryn Petralia, agrees to save the expense of serving a summons and complaint, keeps all defenses and objections to the lawsuit, the court's jurisdiction and the venue, and waives any objection to the absence of a summons or of service. It states that an answer or a motion under Rule 12 must be filed and served within 60 days from 01/10/2025, the date the request was sent. The form is dated 01/13/2025 and signed /s/ Michaela S. Wilkes Klein.

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“Waiver of the Service of Summons — United States ex rel. Paul Pietschner v. Kabbage, Inc. (Document 52).” Original at ecf.txed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-pietschner-v-kabbage-dkt-52-e-d-tex-981adff338/, SHA-256 f28b0b15a70ba76ab70444566f3bdc374c7aaa0000555cd01e7fa89fa75481fd.

Full text

        Case 4:21-cv-00110-SDJ                     Document 52                   Filed 01/15/25       Page 1 of 1 PageID #: 398

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
                     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)

       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:          01/13/2025                                                                          /s/ Michaela S. Wilkes Klein
                                                                                            Signature of the attorney or unrepresented party

                        Kathryn Petralia                                                             Michaela S. Wilkes Klein
        Printed name of party waiving service of summons                                                      Printed name
                                                                                         Wilmer Cutler Pickering Hale and Dorr LLP
                                                                                             2100 Pennsylvania Avenue NW
                                                                                               Washington, DC 20037 USA
                                                                                                                 Address

                                                                                            michaela.wilkesklein@wilmerhale.com
                                                                                                             E-mail address

                                                                                                           (202) 663-6319
                                                                                                           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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