Case 1:19-cv-10474-NRB Document 8 Filed 11/27/19 Page 1 of 1 AO 399 (01/09) Waiver of the Service of Summons UNITED STATES DISTRICT COURT for the Southern District of New York Civil Action No. 1:19-cv-10474-NRB V. Darren K. Indyke et al Defendant WAIVER OF THE SERVICE OF SUMMONS To: David Boles (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 lifer the entity I represent. must file and serve an answer or a motion under Rule 12 within 60 days from f I /2. 5/ II 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: II P-1-1/i 9 Signature Darren K. Indyke and Richard D. Kahn Printedname ofparty waiving service summons ofthe attorney or unrepresentedparty Bennet Moskowitz Printedname of Troutman Sanders LLP, 875 Third Avenue, New York, NY 10022 Address [email protected] E-mail address (212) 704-6087 Telephone number Duty to Avoid Unnecessary 'Expenses of Serving • Summons Rule 4 of the Federal RulesofCivil Procedure requires certain defendants to cooperate in saving unnecessary expensesofserving 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 senice, unless the defendant show