Rule 4(d) Waiver Thirteenth Judicial Circuit 5.10-Cv-503

7/29/2019 Rule 4(d) Waiver Thirteenth Judicial Circuit 5.10-Cv-503

1/28

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. Email - David Rowland, General Counsel, Thirteenth Judicial Circuit

October 29, 2010 4:51 PM

Christopher Nauman, Assistant General Counsel for the Thirteenth Judicial Circuit, may

accept service of process on behalf of the judges and court employees.

2. U.S.P.S. Priority Mail, 0310 0480 0002 6068 3407, Thirteenth Judicial Circuit, et al.

Acceptance, October 30, 2010, 10:13 am, OCALA, FL 34474

Delivered, November 01, 2010, 8:55 am, TAMPA, FL 33602

3. 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 SummonsAO 399 (01/09) Waiver of the Service of Summons

THIRTEENTH JUDICAL CIRCUIT, FLORIDA

GONZALO B. CASARES, ADA Coordinator, and individually

DAVID A. ROWLAND, Court Counsel, and individually

CLAUDIA RICKERT ISOM, Circuit Court Judge, and individually

JAMES M. BARTON, II, Circuit Court Judge, and individually

MARTHA J. COOK, Circuit Court Judge, and individually

4. 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 andobjections, 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.


2/28

Neil Gillespie

From: "Rowland, Dave" To: "Neil Gillespie" Cc: "Casares, Gonzalo" Sent: Friday, October 29, 2010 4:51 PM

Attach: Response to Neil Gillespie ADA Request.pdfSubject: RE: Americans With Disabilities Act (ADA) Accommodation Request

Page 1 of 3

10/31/2010

Mr. Gillespie:

Christopher Nauman, Assistant General Counsel for the Thirteenth Judicial Circuit,may accept service of process on behalf of the judges and court employees.

As to your public record request for a copy of your ADA form as it exists today,the bottom portion of the form titled Administrative Office Of The Court UseOnly remains unchanged. There is no documentation on the form showing whataction was taken on your request. I presume you dont need us to send back to you

what you already have. I dont know why the form was not notated but you arecertainly aware of how the Thirteenth Circuit responded to your request. Iresponded to you with a letter attached to an e-mail on July 9, 2010. Im attachingthat letter again to this message.

David A. RowlandGeneralCounsel, Thirteenth Judicial Circuit800 East Twiggs Street, Suite 603Tampa, Florida 33602Telephone: (813) [email protected]

From: Neil Gillespie [mailto:[email protected]]Sent: Thursday, October 28, 2010 9:30 AMTo: Rowland, DaveSubject: Fw: Americans With Disabilities Act (ADA) Accommodation Request

Dear Mr. Rowland:

Who is authorized to accept service of process on behalf of the following:

THIRTEENTH JUDICAL CIRCUIT, FLORIDA,GONZALO B. CASARES, ADA Coordinator, and individually,DAVID A. ROWLAND, Court Counsel, and individually,CLAUDIA RICKERT ISOM, Circuit Court Judge, and individually,JAMES M. BARTON, II, Circuit Court Judge, and individually,MARTHA J. COOK, Circuit Court Judge, and individually,

Also, on September 24, 2010 I made a public records request to Mr. Casares. As of today Mr.Casares has not responded. Please state if the 13th Judicial Circuit intends to comply with myrecords request. The record request is in the email below this text. Thank you.


3/28

Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481(352) 854-7807

----- Original Message -----From:Neil GillespieTo: Casares, GonzaloSent: Friday, September 24, 2010 2:31 PMSubject: Re: Americans With Disabilities Act (ADA) Accommodation Request

Mr. Casares,

Attached you will find a copy the 13th Judicial Circuits ADA form that I hand delivered to youFebruary 19, 2010. Kindly provide a copy of the form as it exists today, with the bottom portioncompleted, the "Administrative Office Of The Court Use Only" showing what action was taken on myrequest. Thank you.

Neil Gillespie

----- Original Message -----From:Casares, GonzaloTo: Neil GillespieSent: Friday, September 24, 2010 1:05 PMSubject: RE: Americans With Disabilities Act (ADA) Accommodation Request

Dear Mr. Gillespie,

Thank you for the E-mail.

Your request was send to the Office of the Honorable Martha Cook, General Civil Division,

Division G.

Additionally, per your request, our fax number is 272-5522.

Sincerely,

Gonzalo B. Casares

ADA Coordinator

13th

Judicial Circuit Court

Tampa, Florida 33601

[email protected]

(813) 272-6169

From: Neil Gillespie [mailto:[email protected]]

Page 2 of 3

10/31/2010


4/28

Sent: Friday, September 24, 2010 8:31 AMTo: Casares, GonzaloCc: Karin HufferSubject: Americans With Disabilities Act (ADA) Accommodation Request

Mr. Casares: Please see the attached ADA accommodation request. Thank you. Neil J. Gillespie

Page 3 of 3

10/31/2010


5/28

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7/28

AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons

UNITED STATES DISTRICT COURTfor the

Middle District of FloridaNEIL J. GILLESPIE )Plaintiff )

v.THIRTEENTH JUDICAL CIRCUIT, FLORIDA

Defendant)))

Civil Action No. 5:10-cv-503-oc-WTH-DAB

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONSTo: Mr. Christopher Nauman, Assistant General Counsel, Thirteenth Judicial Circuit

(Name ofthe defendant or - i fthe 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, o r an official notice from the court. It is a request that, to avoid expenses, you waive formalservice ofa 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 i f the defendant is outside any judicial district o f the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis 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 complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses ofmaking 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 LoopOcala, Florida 34481Address

[email protected] address

3528547807Telephone number


8/28

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


__________ District of __________

)

))))

Plaintiffv. Civil Action No.

Defendant

WAIVER OF THE SERVICE OF SUMMONS

To:(Name of the plaintiffs 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 courtsjurisdiction, 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 , 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 of the attorney or unrepresented party

Printed name of party waiving service of summons Printed name

Address

E-mail address

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 summonsand 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 inthe United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.

Good cause does notinclude a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court hasno 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 ofa 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 plaintiffand 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.

Middle District of Florida

NEIL J. GILLESPIE


5:10-cv-503-oc-WTH-DAB

NEIL J. GILLESPIE

10/30/2010



9/28



Middle District of FloridaNEIL J. GILLESPIE

Plaintiffv.

JAMES M. BARTON, II, Circuit Court JudgeDefendant

)))))Civil Action No. 5:10-cv-503-oc-WTH-DAB


(Name o fthe defendant or - if the 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, o r an official notice from the court. It is a request that, to avoid expenses, you waive formalservice ofa 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 if the defendant is outside any judicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of


Date: 10/30/2010


neilgillespie@mfLnetE-mail address

352-854-7807Telephone number


10/28



__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE

JAMES M. BARTON, II, Circuit Court Judge


NEIL J. GILLESPIE

10/30/2010

JAMES M. BARTON, II, Circuit Court Judge


11/28




NEIL J. GILLESPIE )Plaintiff )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABJAMES M. BARTON, II, individually

Defendant))


(Name of the defimdant or - if the defendant is a corporation, partnership, 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 fonnalservice 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 if the defendant is outside any judicial district o f the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis 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 complaintserved 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


neilgillespie @mfi.netE-mail address



12/28



__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE

JAMES M. BARTON, II, individually


NEIL J. GILLESPIE

10/30/2010

JAMES M. BARTON, II, individually


13/28

or unrepresentedparty

AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service ofa Summons



NEIL J. GILLESPIEPlaintiffv.

GONZALO B. CASARES, ADA Coordinator

)))) Civil Action No. 5:10-cv-503-oc-WTH-DABDefendant )


(Name of the defendant or - if the defendant is a corporation, partnership, 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 formalservice of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signedwaiver within ~ days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 wi11 file it with the court. The action wi11 then proceed as if you had been servedon the date the waiver is filed, but no summons wi11 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 ofthe United States).If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses ofmaking 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


neilgillespie @mfLnetE-mail address



14/28



__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE



NEIL J. GILLESPIE

10/30/2010



15/28

,

AO 398 (Rev. 01/09) Notice ofa Lawsuit and Request to Waive Service of a Summons



NEIL J. GILLESPIE )Plaintif!v.

)) Civil Action No. 5:10-cv-503-oc-WTH-DABGONZALO B. CASARES, individually )Defendant )


(Name ofthe deferuumt or - if the defendant is a corporation, portnership, or association - an officer or agent author ized 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 formalservice 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 if the defendant is outside any judicial district o f the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district ofthe United States).If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses ofmaking 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 name8092 SW 115th LoopOcala, Florida 34481

Addressneilgillespie @mfi.net

E-mail address352-854-7807Telephone number


16/28



__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE

GONZALO B. CASARES, individually


NEIL J. GILLESPIE

10/30/2010

GONZALO B. CASARES, individually


17/28

Printed name




NEIL J. GILLESPIE )Plaintiff )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABMARTHA J. COOK, Circuit Court Judge

Defendant))


(Name ofthe deftndant or - if the deftndant is a corporation, portnership, or association - an officer or agent authori zed 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 formalservice ofa summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed

waiver within ~ days (give at l east 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 ifyou had been servedon 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 ofthe United States).

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses ofmaking 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


neilgillespie@mfLnetE-mail address



18/28

AD 399 (01/09) Waiver of he Service of Summons



NEIL J. GILLESPIE )Plaintiff )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABMARTHA J. COOK, Circuit Court Judge ))Defendant

WAIVEROF THE SERVICE OF SUMMONSTo: NEIL J. GILLESPIE

(Name of the plaintiff's attorney or unrepresentedplaintif})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'sjurisdiction, 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, n1ust 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 theUnited States). If I fail to do so, a default judgment will be entered against me or the entity I represent.Date:

Signature of the attorney or unrepresentedpartyMARTHA J. COOK, Circuit Court JudgePrinted name ofparty waiving service o fsummons Printed name

Address

E-mail address

Telephone numberDuty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal RulesofCivil Procedure requires certaindefendants to cooperate in saving unnecessary expensesof serving a summonsand complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a pla intiff located inthe 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 beli ef that the lawsuit is groundless, or that it has been brought in an improper venue, o r that the court hasno 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, bu t you cannot object to the absence ofa summons or of service.If you waive service, then you must, withinthe time specifiedon the waiverform, serve an answer or a motion under Rule 12 on the plaintiffand 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.


19/28



Middle District of FloridaNEIL J. GILLESPIEPlaintiff ))

v. ) Civil Action No. 5:10-cv-503-oc-WTH-OABMARTHA J. COOK, individually

Defendant))


(Name ofthe defendant or - if the defendant is a corporation, portnership, or association - an officer or agent authorized to receive service)


waiver within ~ days (give at least 30 days, or at least 60 days if the defendant is outside anyjudicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon 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


If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved 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: 10/30/201 0


neilgiliespie@mfLnetE-mail address



20/28

--------

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



NEIL J. GILLESPIE )Plaintiff )v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABMARTHA J. COOK, individually

Defendant))

WAIVER OF THE SERVICE OF SUMMONSTo: NEIL J. GILLESPIE

(Name of the plaintiff' s attorney or unrepresentedplaintifj)

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'sjurisdiction, 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 theUnited States). If I fail to do so, a default judgment will be entered against me or the entity I represent.

Date:Signature of the attorney or unrepresentedparty

MARTHA J. COOK, individuallyPrinted name ofparty waiving serviceo fsummons Printed name

Address

E-mail address

Telephone numberDuty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendantsto cooperate in saving unnecessary expenses of servinga summonsand 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 inthe 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 hasno 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 obj ect to the absence ofa 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 plaintiffand 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.


21/28

Neil J. GillespiePrinted name




v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABCLAUDIA RICKERT 150M, Circuit Court Judge )Defendant )


(Name ofthe defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)


waiver within ~ days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of


Date: 10/30/2010


neilgillespie @ mfi.netE-mail address



22/28



__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE

CLAUDIA RICKERT ISOM, Circuit Court Judge


NEIL J. GILLESPIE

10/30/2010

CLAUDIA RICKERT ISOM, Circuit Court Judge


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I certify that this request is being sent to you on the date below.

Date: 10/30/201 0

Printed name8092 SW 115th LoopOcala, Florida 34481Address

neilgiliespie@mfLnetE-mail address


AO 398 (Rev. 01/ 09) Notice of a Lawsuit and Request to Waive Service of a Summons


Middle District of FloridaNEIL J. GILLESPIEPlaintiff

v.CLAUDIA RICKERT ISOM, individually

Defendant

)))))Civil Action No. 5:10-cv-503-oc-WTH-DAB


(Name ofthe defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)


waiver within ~ days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 wi11 file it with the court. The action wi11 then proceed as if you had been servedon the date the waiver is filed, but no summons will be served on you and you wi11 have 60 days from the date this noticeis 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 wi11 arrange to have the summons and complaintserved on you. And I wi11 ask the court to require you, or the entity you represent, to pay the expenses ofmaking service.Please read the enclosed statement about the duty to avoid unnecessary expenses.


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__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE

CLAUDIA RICKERT ISOM, individually


NEIL J. GILLESPIE

10/30/2010

CLAUDIA RICKERT ISOM, individually


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NEIL J. GILLESPIE )Plaintif! )v. ) Civil Action No.5 :10-cv-503-oc-WTH-DABDAVID A. ROWLAND, Court Counsel )

Defendant )NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: Mr. Christopher Nauman, Assistant General Counsel, Thirteenth Judicial Circuit(Name of the defendant or - if the defendant is a corporation, portnership, or association - an officer or agent authori zed to receive service)


waiver within ~ days (give at least 30 days, or at least 60 days if the defendant is outside any judicia l district o f the United States)from the date shown below, which is the date this notice was sent. Two copies ofthe waiver form are enclosed, along witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of


Date: 10/30/2010


[email protected] address



26/28



__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number







NEIL J. GILLESPIE

DAVID A. ROWLAND, Court Counsel


NEIL J. GILLESPIE

10/30/2010

DAVID A. ROWLAND, Court Counsel


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v. ) Civil Action No. 5:10-cv-503-oc-WTH-DABDAVID A. ROWLAND, individuallyDefendant

))NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To: Mr. Christopher Nauman, Assistant General Counsel, Thirteenth Judicial Circuit(Name ofthe defendant or - if the defendant is a corporation, partnership, 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 formalservice 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 i f the defendant is outside anyjudicial district of the United States)from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along witha 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 servedon 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


If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved on you. And I will ask the court to require you, or the entity you represent, to pay the expenses ofmaking 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


neilgillespie @ mfLnetE-mail address

352-854-7807Telephone numb er


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__________ District of __________

)

))))


Defendant











Address

E-mail address

Telephone number





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


NEIL J. GILLESPIE

DAVID A. ROWLAND, individually


NEIL J. GILLESPIE

10/30/2010

DAVID A. ROWLAND, individually

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Rule 4(d) Waiver Thirteenth Judicial Circuit 5.10-Cv-503

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