AD 399 (Rev. 10/95)
WAIVER OF SERVICE OF SUMMONS
TO: R. James Slaughter/Ryan M. Kent
(NAME OF
PLAINTIFF'S ATTORNEY OR UNREPRESENTED PLATIF)
I, Alexandra Berthet , acknowledge receipt of
your request
(DEFENDANT NAME)
that I waive service of sumons in the action Electronic Arts Inc. v. Giant Productions
(CAPTION OF ACTION)
of which is case number CO 6 - 3 4 a 3 JSW
(DOCKET NUER)
in the United States Distrct Court for the
Northern
Distrct of California
I have also received a copy of the complaint in the action, two copies of this instrment, and a means by
which I can return the signed waiver to you without cost to me.
I agree to save the cost of servce of a summons and an additional copy of the complaint in this lawsuit
by not requirng that I (or the entity on whose behalf I am acting) be served with judicial process in the manner
provided by Rule 4.
I (or the entity on whose behalf I am acting) wil retain all defenses or obj ections to the lawsuit or to the
jursdiction or venue of
the cour except for objections based on a defect in the summons or in the servce of
the
sumons.
I understand that a judgment may be entered against me (or the part on whose behalf I am acting) if an
answer or motion under Rule 12 is not served upon you within 60 days after May 26, 2 a a 6
(DATE REQUEST WAS SENT)
or within 90 days after that dateifthe request was sent outside the United States.
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(DATE)
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, (CORPORATE DEFENDAN
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires cerain partes to cooperate in saving unnecessary costs of service of the summons
and complaint. A defendant located in the United States who, after being notified of an action and asked by a plaintiff located in the United States
to waive service of summons, fails to do so will be required to bear the cost of such
serice unless good cause be shown for its failure to sign
and return the