Rule 4 (D) Waiver Robert Bauer 5.10-Cv-503

UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION - CASE NO.: 5:10-cv-503-oc-WTH-DAB

Fed. R. Civ. Pro. 4(d) Waiving Service.
1. U.S.P.S. Certified Mail, 7010 0780 0000 8981 6481, to Robert W. Bauer, et al.
Acceptance, October 30, 2010, 10:12 am, OCALA, FL 34474
Delivered, November 01, 2010, 12:49 pm, GAINESVILLE, FL 32609
2. Fed. R. Civ. Pro. 4(d) Waiving Service, provided for each Defendant:
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
AO 399 (01/09) Waiver of the Service of Summons
THE LAW OFFICE OF ROBERT W. BAUER, P.A.
ROBERT W. BAUER
3. Duty to Avoid Unnecessary Expenses of Serving a Summons [AO 399 (01/09)]
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 defendants 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.
Rule 4(m) Time Limit for Service. If a defendant is not served within 120 days after the
complaint is filed, the courton motion or on its own after notice to the plaintiffmust
dismiss the action without prejudice against that defendant or order that service be made
within a specified time. But if the plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate period. This subdivision (m) does not
apply to service in a foreign country under Rule 4(f) or 4(j)(1).
http://www.law.cornell.edu/rules/frcp/rule_4
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8.
Robert W. Bauer, Attorney at Law
Law Office of Robert W. Bauer, P.A.
c, 2815 NW 13
th
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Gainesville, FL 32609
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AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
UNITED STATES DISTRICT COURT
for the
Middle District of Florida
NEIL J. GILLESPIE
Plaintif!
v.
THE LAW OFFICE OF ROBERT W. BAUER, PA
Defendant
)
)
)
)
)
Civil Action No. 5:10-cv-503-oc-wrH-DAB
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Mr. ROBERT W. BAUER
(Name ofthe defendant or - ifthe defendant is a corporation. portnership. or association - an officer or agent authorized to receive service)
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
waiver within ~ days (give at least 30 days. or at least 60 days ifthe dejendant is outside anyjudicial district ofthe United States)
from the date shown below, which is the date this notice was sent. Two copies ofthe waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.
What happens next?
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice
is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of
the United States).
Ifyou do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date: 10/30/2010
8092 SW 115th Loop
Ocala, Florida 34481
Address
neilgiliespie@mfLnet
E-mail address
352-854-7807
Telephone number
--------
for the
NEIL J. GILLESPIE
)
Plaintiff
)
v. ) Civil Action No. 5:10-cv-503-oc-WTH-DAB
)
Defendant
)
WAIVER OF THE SERVICE OF SUMMONS
To: NEIL J. GILLESPIE
(Name ofthe plaintiff's attorney or unrepresentedplaintiff)
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 10/30/2010 , 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:
Signature ofthe attorney or unrepresentedparty
Printed name ofparty waiving service ofsummons Printed name
Address
E-mail address
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving 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 beliefthat 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.
Ifyou 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 aIlowed more time to respond than if a summons had been served.
---------
for the
NEIL J. GILLESPIE
Plaintiff
)
)
)
Defendant
)
United States). If! fail to do so, a default judgment will be entered against me or the entity I represent.
Date:
Signature ofthe attorney or unrepresented party
Address
E-mail address
Telephone number
Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving a swnmons
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 swnmons or of service.
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.
AO 398 (Rev. 01/09) Notice ofa Lawsuit and Request to Waive Service ofa Summons
for the
NEIL J. GILLESPIE
)
Plaintif!
)
v.
) Civil Action No. 5:10-cv-503-oc-WTH-DAB
ROBERT W. BAUER
)
Defendant
)
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To: Mr. ROBERT W. BAUER
(Name ofthe defendant or - ifthe defendant is a corporation, portnership, or association - an officer or agent authorized to receive service)
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
waiver within ~ days (give at least 30 days, or at least 60 days ifthe defendant is outside anyjudicial district ofthe United States)
from the date shown below, which is the date this notice was sent. Two copies ofthe waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.
What happens next?
Ifyou return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice
is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of
the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Date: 10/30/2010
Printed name
8092 SW 115th Loop
Ocala, Florida 34481
Address
neilgillespie@mfi.net
E-mail address
352-854-7807
Telephone number
--------
for the
NEIL J. GILLESPIE
Plaintiff
)
)
ROBERT W. BAUER
)
Defendant
)
I have received your request to waive service ofa summons in this action along with a copy of the complaint,
Date:
ROBERT W. BAUER
Address
E-mail address
Telephone number
Ifthe -waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
---------
AD 399 (01109) Waiver of the Service of Summons
for the
NEIL J. GILLESPIE
)
Plaintiff
)
ROBERT W. BAUER
)
Defendant
)
two copies of this waiver form, and a prepaid means ofretuming one signed copy of the form to you.
Date:
ROBERT W. BAUER
Address
E-mail address
Telephone number
Ifthe waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of

Rule 4 (D) Waiver Robert Bauer 5.10-Cv-503

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UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION - CASE NO.: 5:10-cv-503-oc-WTH-DAB

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