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Date: 29 Oct 2007 21:48:31
From: samsloan
Subject: Rule 4(d) of the Federal Rules of Civil Proceedure
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(d) Waiver of Service; Duty to Save Costs of Service; Request to Waive. (1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant. (2) An individual, corporation, or association that is subject to service under subdivision (e), (f), or (h) and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request (A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under subdivision (h); (B) shall be dispatched through first-class mail or other reliable means; (C) shall be accompanied by a copy of the complaint and shall identify the court in which it has been filed; (D) shall inform the defendant, by means of a text prescribed in an official form promulgated pursuant to Rule 84, of the consequences of compliance and of a failure to comply with the request; (E) shall set forth the date on which request is sent; (F) shall allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and (G) shall provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing. If a defendant located within the United States fails to comply with a request for waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure be shown. (3) A defendant that, before being served with process, timely returns a waiver so requested is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States. (4) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (3), as if a summons and complaint had been served at the time of filing the waiver, and no proof of service shall be required. (5) The costs to be imposed on a defendant under paragraph (2) for failure to comply with a request to waive service of a summons shall include the costs subsequently incurred in effecting service under subdivision (e), (f), or (h), together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.
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Date: 30 Oct 2007 02:39:26
From: samsloan
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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On Oct 29, 10:05 pm, "Ray Gordon, creator of the \"pivot\"" <[email protected] > wrote: > > The only defendant that I know who will be there for sure is Bill > > Goichberg. > > > If you are willing to serve Goichberg I will be happy to send you a > > copy of the summons and complaint and thank you very much. > > I can only attempt service three times (once a day). You don't have to mail > me the complaint and summons, just post PDF copies of each on your site (so > I know it's you), and I'll download it. > > I can also serve USCF for him through you I believe (ask a lawyer; a court > has the ultimate say). I think you need a summons and separate copy of the > complaint for each defendant (again, ask a lawyer), and the summons also has > to have the seal of an officer of the court (usually the clerk). > > I also might have a friend do it. Then again, if Bill wants to contest > service, that would cost the attorney. > > I also may have a suit of my own to serve him (or USCF, through him) with, > in which case I'd just let my person add one more piece of paper. Since > he's at the hotel, it may be possible to just serve the concierge of the > hotel as well. I'll have to check. Whatever you do, ask a lawyer if you > are going to rely on any statements, because I'm not one. > > Usually the original summons is supposed to be completed by the process > server and returned to the court. I may need a copy of that after service > to complete, but I can also do my own certificate of service. I'll even > notarize it for you. > > You should really send me copies of all your summonses then in case I can > serve someone who is here or have them served. > > I offer only three attempts, max. Afer that they usually allow alternate > service or extend time, I think; a lawyer would know so ask them. > > Did I mention I'm not a lawyer? Good! > > -- > Ray Gordon, The ORIGINAL Lifestyle Seduction Guruhttp://www.cybersheet.com/library.html The Summons and Complaint are at the following addresses. I have the original summons, with raised seal. As soon as you serve copies of the summons and complaint, please send your affidavit of service to me. After I have gathered the affidavits of service for all of the defendants, I will attach them all to the original summons and file it with the court. (All of this is done in accordance with the Federal Rules of Civil Procedure): http://www.samsloan.com/truong-summons.pdf Summons in Sloan vs. Truong http://www.samsloan.com/truong-polgar-lawsuit.pdf Complaint in Sloan vs. Truong http://www.samsloan.com/truong-tro-app.pdf Application for a TRO http://www.samsloan.com/truong-tro-pdf.pdf Unsigned Temporary Restraining Order Thank you in advance, Sam Sloan
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Date: 30 Oct 2007 06:16:47
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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> The Summons and Complaint are at the following addresses. I have the > original summons, with raised seal. As soon as you serve copies of the > summons and complaint, please send your affidavit of service to me. > After I have gathered the affidavits of service for all of the > defendants, I will attach them all to the original summons and file it > with the court. (All of this is done in accordance with the Federal > Rules of Civil Procedure): > > http://www.samsloan.com/truong-summons.pdf Summons in Sloan vs. Truong > > http://www.samsloan.com/truong-polgar-lawsuit.pdf Complaint in Sloan > vs. Truong > > http://www.samsloan.com/truong-tro-app.pdf Application for a TRO > > http://www.samsloan.com/truong-tro-pdf.pdf Unsigned Temporary > Restraining Order > > Thank you in advance, I can't guarantee anything since I don't know who will be where. Or maybe the Defendant will read this and just answer the thing rather than be served at his own tournament. You may or may not win in court, but you have a right to be heard. -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 30 Oct 2007 01:33:06
From:
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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Ray Gordon, creator of the pivot wrote: > > I am hurt; nobody even bothered to ask me -- a leading expert > > in finding missing persons on the beaches of Hawaii. Indeed, I > > have spent years (in my dreams) combing those beaches, > > carefully scanning for anything which looks suspicious. k > > Twain and I used to do a lot of "case work" there, though I must > > say that he was easily sidetracked. Not me; I would go from > > beach towel to beach towel, interrogating bikini-clad women if > > they have seen the person in question (here, RB). Do you really > > believe your men can track down RB in the old-fashioned way, > > as by following electronic-payment clues or going from hotel to > > hotel and asking questions? Not likely. Randy Bauer is much > > too st for that sort of thing; remember: this is the guy who > > was going to beat GM Evans in a chess match... . > > Why can't the board be served through the Crossville office? > > "Place of employment." None of them except Bill Hall are "employees" of the USCF -- it's explicitly prohibited in the Bylaws. Since he's named them as individual defendants (though it's hard to find a cause of action in his pleading beyond "they don't like me"), doesn't he have to make personal service on (or obtain a waiver of service from) each of them?
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Date: 30 Oct 2007 04:52:02
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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>> "Place of employment." > > > None of them except Bill Hall are "employees" of the USCF -- it's > explicitly prohibited in the Bylaws. Since he's named them as > individual defendants (though it's hard to find a cause of action in > his pleading beyond "they don't like me"), doesn't he have to make > personal service on (or obtain a waiver of service from) each of them? Depends on a billion legal factors. I may serve most of them through Crossville, so I guess we'll find out, if I ever get the suit written. Sloan has made it, um, "complex." -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 29 Oct 2007 22:41:31
From: help bot
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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On Oct 29, 5:33 pm, samsloan <[email protected] > wrote: > In addition, Bill Hall, Executive Director of the United States Chess > Federation, surprisingly had the envelope sent back ked "Return to > Sender". He must think that he will get away, but I assure you that > he will not. > > Randy Bauer posted here that he had the envelope sent back as "junk > mail", but that was two weeks ago and I have not received it back. > Meanwhile, Randy Bauer has fled to Hawaii. Do not worry. My men will > catch him eventually, unless he voluntarily comes in first. I am hurt; nobody even bothered to ask me -- a leading expert in finding missing persons on the beaches of Hawaii. Indeed, I have spent years (in my dreams) combing those beaches, carefully scanning for anything which looks suspicious. k Twain and I used to do a lot of "case work" there, though I must say that he was easily sidetracked. Not me; I would go from beach towel to beach towel, interrogating bikini-clad women if they have seen the person in question (here, RB). Do you really believe your men can track down RB in the old-fashioned way, as by following electronic-payment clues or going from hotel to hotel and asking questions? Not likely. Randy Bauer is much too st for that sort of thing; remember: this is the guy who was going to beat GM Evans in a chess match... . -- help bot
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Date: 30 Oct 2007 02:48:22
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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> I am hurt; nobody even bothered to ask me -- a leading expert > in finding missing persons on the beaches of Hawaii. Indeed, I > have spent years (in my dreams) combing those beaches, > carefully scanning for anything which looks suspicious. k > Twain and I used to do a lot of "case work" there, though I must > say that he was easily sidetracked. Not me; I would go from > beach towel to beach towel, interrogating bikini-clad women if > they have seen the person in question (here, RB). Do you really > believe your men can track down RB in the old-fashioned way, > as by following electronic-payment clues or going from hotel to > hotel and asking questions? Not likely. Randy Bauer is much > too st for that sort of thing; remember: this is the guy who > was going to beat GM Evans in a chess match... . Why can't the board be served through the Crossville office? "Place of employment." -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 29 Oct 2007 17:47:09
From:
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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On Oct 29, 6:40 pm, samsloan <[email protected] > wrote: > On Oct 29, 6:40 pm, "Ray Gordon, creator of the \"pivot\"" > > <[email protected]> wrote: > > Sam, > > > Let me know if you need anyone served in Philadelphia at the Congress. > > > -- > > Ray Gordon, The ORIGINAL Lifestyle Seduction Guruhttp://www.cybersheet.com/library.html > > Includes 29 Reasons Not To Be A Nice Guy > > > Ray's new "Project 5000" is here:http://groups.yahoo.com/group/project-5000 > > The only defendant that I know who will be there for sure is Bill > Goichberg. > > If you are willing to serve Goichberg I will be happy to send you a > copy of the summons and complaint and thank you very much. > > Sam Sloan Ray, Please tell Goichberg cus Roberts says hi when you serve him. Thanks cus
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Date: 29 Oct 2007 22:06:09
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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> > Ray, > > Please tell Goichberg cus Roberts says hi when you serve him. I'd do nothing of the kind. Please don't involve me in such things. -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 29 Oct 2007 23:40:08
From: samsloan
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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On Oct 29, 6:40 pm, "Ray Gordon, creator of the \"pivot\"" <[email protected] > wrote: > Sam, > > Let me know if you need anyone served in Philadelphia at the Congress. > > -- > Ray Gordon, The ORIGINAL Lifestyle Seduction Guruhttp://www.cybersheet.com/library.html > Includes 29 Reasons Not To Be A Nice Guy > > Ray's new "Project 5000" is here:http://groups.yahoo.com/group/project-5000 The only defendant that I know who will be there for sure is Bill Goichberg. If you are willing to serve Goichberg I will be happy to send you a copy of the summons and complaint and thank you very much. Sam Sloan
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Date: 29 Oct 2007 22:05:38
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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> The only defendant that I know who will be there for sure is Bill > Goichberg. > > If you are willing to serve Goichberg I will be happy to send you a > copy of the summons and complaint and thank you very much. I can only attempt service three times (once a day). You don't have to mail me the complaint and summons, just post PDF copies of each on your site (so I know it's you), and I'll download it. I can also serve USCF for him through you I believe (ask a lawyer; a court has the ultimate say). I think you need a summons and separate copy of the complaint for each defendant (again, ask a lawyer), and the summons also has to have the seal of an officer of the court (usually the clerk). I also might have a friend do it. Then again, if Bill wants to contest service, that would cost the attorney. I also may have a suit of my own to serve him (or USCF, through him) with, in which case I'd just let my person add one more piece of paper. Since he's at the hotel, it may be possible to just serve the concierge of the hotel as well. I'll have to check. Whatever you do, ask a lawyer if you are going to rely on any statements, because I'm not one. Usually the original summons is supposed to be completed by the process server and returned to the court. I may need a copy of that after service to complete, but I can also do my own certificate of service. I'll even notarize it for you. You should really send me copies of all your summonses then in case I can serve someone who is here or have them served. I offer only three attempts, max. Afer that they usually allow alternate service or extend time, I think; a lawyer would know so ask them. Did I mention I'm not a lawyer? Good! -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 29 Oct 2007 21:33:44
From: Kenneth Sloan
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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Ray Gordon, creator of the "pivot" wrote: >> The only defendant that I know who will be there for sure is Bill >> Goichberg. >> >> If you are willing to serve Goichberg I will be happy to send you a >> copy of the summons and complaint and thank you very much. > > I can only attempt service three times (once a day). You don't have to mail > me the complaint and summons, just post PDF copies of each on your site (so > I know it's you), and I'll download it. > > I can also serve USCF for him through you I believe (ask a lawyer; a court > has the ultimate say). I think you need a summons and separate copy of the > complaint for each defendant (again, ask a lawyer), and the summons also has > to have the seal of an officer of the court (usually the clerk). > > I also might have a friend do it. Then again, if Bill wants to contest > service, that would cost the attorney. > > I also may have a suit of my own to serve him (or USCF, through him) with, > in which case I'd just let my person add one more piece of paper. Since > he's at the hotel, it may be possible to just serve the concierge of the > hotel as well. I'll have to check. Whatever you do, ask a lawyer if you > are going to rely on any statements, because I'm not one. > > Usually the original summons is supposed to be completed by the process > server and returned to the court. I may need a copy of that after service > to complete, but I can also do my own certificate of service. I'll even > notarize it for you. > > You should really send me copies of all your summonses then in case I can > serve someone who is here or have them served. > > I offer only three attempts, max. Afer that they usually allow alternate > service or extend time, I think; a lawyer would know so ask them. > > Did I mention I'm not a lawyer? Good! > > Do you know of a firm that supplies *professional* service? -- Kenneth Sloan [email protected] Computer and Information Sciences +1-205-932-2213 University of Alabama at Birmingham FAX +1-205-934-5473 Birmingham, AL 35294-1170 http://KennethRSloan.com/
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Date: 29 Oct 2007 23:12:55
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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>> I offer only three attempts, max. Afer that they usually allow alternate >> service or extend time, I think; a lawyer would know so ask them. >> >> Did I mention I'm not a lawyer? Good! >> >> > > Do you know of a firm that supplies *professional* service? There are many process servers out there. Most people have to hire them because few individuals are willing to serve a lawsuit as a favor. In this case, I am. As I'm a paralegal who used to serve people many times, I do have "professional" experience doing so. Was there a point to your post? -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 29 Oct 2007 22:33:46
From: samsloan
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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I recommend that the defendants to this action read and study carefully Rule 4(d) of the Federal Rules of Civil Procedure as set forth above. Basically the rule provides that the plaintiff may notify the defendants of the commencement of the action by mail along with making a request that they waive service of process. Defendants who agree to waive service of process may file a waiver form with the court in which case they get an additional 30 days to answer. In the case of those who refuse of fail to file the waiver, the plaintiff may be required to serve them personally or the court may order the US shall to effect service of process but then the defendants do not get the additional 30 days plus they are subject to pay costs. This is set forth as follows: "If a defendant located within the United States fails to comply with a request for waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure be shown." In my very limited previous experience in federal cases no defendant has failed to waive service of process, obviously because it is pointless in the long run to do so. However, in this case is had already happened twice. All of defendants received my notice of commencement this action no later than October 12, 2007. However, Bill Brock had the post office send back the envelope ked in big letters "DELIVERY REFUSED RETURN TO SENDER". I promptly hired a process server who served him personally a few days later in his office. Brock now has 20 days to answer, because he does not get the additional 30 days he would have gotten had he waived service of process. In addition, Bill Hall, Executive Director of the United States Chess Federation, surprisingly had the envelope sent back ked "Return to Sender". He must think that he will get away, but I assure you that he will not. Randy Bauer posted here that he had the envelope sent back as "junk mail", but that was two weeks ago and I have not received it back. Meanwhile, Randy Bauer has fled to Hawaii. Do not worry. My men will catch him eventually, unless he voluntarily comes in first. Nobody else has protested. I expect to start receiving responsive pleadings by the end of this week. Sam Sloan
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Date: 29 Oct 2007 18:40:29
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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Sam, Let me know if you need anyone served in Philadelphia at the Congress. -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog
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Date: 29 Oct 2007 18:40:07
From: Ray Gordon, creator of the \pivot\
Subject: Re: Rule 4(d) of the Federal Rules of Civil Proceedure
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>I recommend that the defendants to this action read and study > carefully Rule 4(d) of the Federal Rules of Civil Procedure as set > forth above. I posted abuout Rule 4(d) already. > Basically the rule provides that the plaintiff may notify the > defendants of the commencement of the action by mail along with making > a request that they waive service of process. With specifications on how the waiver must be worded. Plus it has to be sent relatively early in the process as it can be ignored. >Defendants who agree to > waive service of process may file a waiver form with the court in > which case they get an additional 30 days to answer. > > In the case of those who refuse of fail to file the waiver, the > plaintiff may be required to serve them personally or the court may > order the US shall to effect service of process but then the > defendants do not get the additional 30 days plus they are subject to > pay costs. And attorneys fees if they don't pay costs upon requests and a "Rule 4 Motion" is required. > This is set forth as follows: > > "If a defendant located within the United States fails to comply with > a request for waiver made by a plaintiff located within the United > States, the court shall impose the costs subsequently incurred in > effecting service on the defendant unless good cause for the failure > be shown." Yep. > In my very limited previous experience in federal cases no defendant > has failed to waive service of process, obviously because it is > pointless in the long run to do so. Wrong. If you're low on cash they can make you front it. > However, in this case is had > already happened twice. How? Don't they have to have the waiver for like 30 days first? > All of defendants received my notice of commencement this action no > later than October 12, 2007. However, Bill Brock had the post office > send back the envelope ked in big letters "DELIVERY REFUSED RETURN > TO SENDER". I promptly hired a process server who served him > personally a few days later in his office. Brock now has 20 days to > answer, because he does not get the additional 30 days he would have > gotten had he waived service of process. Ah. > In addition, Bill Hall, Executive Director of the United States Chess > Federation, surprisingly had the envelope sent back ked "Return to > Sender". He must think that he will get away, but I assure you that > he will not. > > Randy Bauer posted here that he had the envelope sent back as "junk > mail", but that was two weeks ago and I have not received it back. > Meanwhile, Randy Bauer has fled to Hawaii. Do not worry. My men will > catch him eventually, unless he voluntarily comes in first. Can't just move to have him served by mail or publication, or through the USCF? -- Ray Gordon, The ORIGINAL Lifestyle Seduction Guru http://www.cybersheet.com/library.html Includes 29 Reasons Not To Be A Nice Guy Ray's new "Project 5000" is here: http://groups.yahoo.com/group/project-5000 This group will be restricted to 5,000 members. All new theory from the creator of the PIVOT! Don't rely on overexposed, mass-keted commercial seduction methods which have been rendered worthless through mainstream media exposure. It really is game over for community material. Beware of Milli Vanilli gurus who stole their ideas from others! http://moderncaveman.typepad.com The Official Ray Gordon Blog > > Nobody else has protested. I expect to start receiving responsive > pleadings by the end of this week. > > Sam Sloan >
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