Rule 4 (D) Waiver Thirteenth Judicial Circuit 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. Email - David Rowland, General Counsel, Thirteenth J udicial Circuit
October 29, 2010 4:51 PM
Christopher Nauman, Assistant General Counsel for the Thirteenth J udicial 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 J udicial 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 Summons
AO 399 (01/09) Waiver of the Service of Summons
THIRTEENTH J UDICAL CIRCUIT, FLORIDA
GONZALO B. CASARES, ADA Coordinator, and individually
DAVID A. ROWLAND, Court Counsel, and individually
CLAUDIA RICKERT ISOM, Circuit Court J udge, and individually
J AMES M. BARTON, II, Circuit Court J udge, and individually
MARTHA J . COOK, Circuit Court J udge, 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 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.

Neil Gillespie
From: "Rowland, Dave" <ROWLANDA@fljud13.org>
To: "Neil Gillespie" <neilgillespie@mfi.net>
Cc: "Casares, Gonzalo" <CASAREGB@fljud13.org>
Sent: Friday, October 29, 2010 4:51 PM
Attach: Response to Neil Gillespie ADA Request.pdf
Subject: RE: Americans With Disabilities Act (ADA) Accommodation Request
Page 1of 3
10/31/2010
Mr. Gillespie:

Christopher Nauman, Assistant General Counsel for the Thirteenth J udicial 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 Use
Only remains unchanged. There is no documentation on the form showing what
action 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 are
certainly aware of how the Thirteenth Circuit responded to your request. I
responded to you with a letter attached to an e-mail on J uly 9, 2010. Im attaching
that letter again to this message.

David A. Rowland
GeneralCounsel, Thirteenth Judicial Circuit
800 East Twiggs Street, Suite 603
Tampa, Florida 33602
Telephone: (813) 272-6843
rowlanda@fljud13.org

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Thursday, October 28, 2010 9:30 AM
To: Rowland, Dave
Subject: 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 J UDICAL CIRCUIT, FLORIDA,
GONZALO B. CASARES, ADA Coordinator, and individually,
DAVID A. ROWLAND, Court Counsel, and individually,
CLAUDIA RICKERT ISOM, Circuit Court J udge, and individually,
J AMES M. BARTON, II, Circuit Court J udge, and individually,
MARTHA J . COOK, Circuit Court J udge, 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 J udicial Circuit intends to comply with my
records request. The record request is in the email below this text. Thank you.
Neil J . Gillespie
8092 SW 115th Loop
Ocala, FL 34481
(352) 854-7807

----- Original Message -----
From: Neil Gillespie
To: Casares, Gonzalo
Sent: Friday, September 24, 2010 2:31 PM
Subject: Re: Americans With Disabilities Act (ADA) Accommodation Request

Mr. Casares,
Attached you will find a copy the 13th J udicial Circuits ADA form that I hand delivered to you
February 19, 2010. Kindly provide a copy of the form as it exists today, with the bottom portion
completed, the "Administrative Office Of The Court Use Only" showing what action was taken on my
request. Thank you.
Neil Gillespie
----- Original Message -----
From: Casares, Gonzalo
To: Neil Gillespie
Sent: Friday, September 24, 2010 1:05 PM
Subject: 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
13
th
Judicial Circuit Court

Tampa, Florida 33601
casaregb@fljud13.org
(813) 272-6169

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Page 2of 3
10/31/2010
Sent: Friday, September 24, 2010 8:31 AM
To: Casares, Gonzalo
Cc: Karin Huffer
Subject: Americans With Disabilities Act (ADA) Accommodation Request

Mr. Casares: Please see the attached ADA accommodation request. Thank you. Neil J . Gillespie
Page 3of 3
10/31/2010
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I 13th Judicial Circuit, 800 East Twiggs St, #603
10/30/2010 (352)861-8188
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AO 398 (Rev. 01/09) Notice ofa Lawsuit and Request to Waive Service ofa Summons
UNITED STATES DISTRICT COURT
for the
Middle District of Florida
NEIL 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 SUMMONS
To: Mr. Christopher Nauman, Assistant General Counsel, Thirteenth Judicial Circuit
(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?
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
neilgillespie@mfi.net
E-mail address
3528547807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. 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 courts
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 , 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 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.
NEIL J. GILLESPIE
5:10-cv-503-oc-WTH-DAB
NEIL J. GILLESPIE
10/30/2010
for the
NEIL J. GILLESPIE
Plaintiff
v.
JAMES M. BARTON, II, Circuit Court Judge
Defendant
)
)
)
)
)
waiver within ~ days (give at least 30 days, or at least 60 days ifthe defendant is outside any judicial district ofthe United States)
What happens next?
the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie@mfLnet
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service ofa Summons
for the
NEIL J. GILLESPIE
)
Plaintiff
)
v. ) Civil Action No. 5:10-cv-503-oc-WTH-DAB
JAMES M. BARTON, II, individually
Defendant
)
)
(Name ofthe defimdant or - ifthe defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive fonnal
What happens next?
the United States).
I certifY that this request is being sent to you on the date below.
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie @mfi.net
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
or unrepresentedparty
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service ofa Summons
for the
NEIL J. GILLESPIE
Plaintiff
v.
GONZALO B. CASARES, ADA Coordinator
)
)
)
)
Defendant
)
(Name ofthe defendant or - ifthe defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
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 served
on 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
the United States).
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie @mfLnet
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
,
for the
NEIL J. GILLESPIE
)
Plaintif!
v.
)
) Civil Action No. 5:10-cv-503-oc-WTH-DAB
GONZALO B. CASARES, individually
)
Defendant
)
(Name ofthe deferuumt or - ifthe defendant is a corporation, portnership, or association - an officer or agent authorized to receive service)
What happens next?
is sent (see the date below) to answer the complaint (or 90 days ifthis notice is sent to you outside any judicial district of
the United States).
Date: 10/30/2010
Printed name
8092 SW 115th Loop
Address
neilgillespie @mfi.net
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
Printed name
for the
NEIL J. GILLESPIE
)
Plaintiff
)
MARTHA J. COOK, Circuit Court Judge
Defendant
)
)
(Name ofthe deftndant or - ifthe deftndant is a corporation, portnership, or association - an officer or agent authorized to receive service)
What happens next?
the United States).
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie@mfLnet
E-mail address
352-854-7807
Telephone number
AD 399 (01/09) Waiver of the Service of Summons
for the
NEIL J. GILLESPIE
)
Plaintiff
)
)
)
Defendant
To: NEIL J. GILLESPIE
(Name ofthe plaintiff's attorney or unrepresentedplaintif})
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's
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 the
Date:
Signature ofthe attorney or unrepresentedparty
Printed name ofparty waiving service ofsummons Printed name
Address
E-mail address
Telephone number
Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving a summons
"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.
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
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
for the
NEIL J. GILLESPIE
Plaintiff
)
)
v. ) Civil Action No. 5:10-cv-503-oc-WTH-OAB
MARTHA J. COOK, individually
Defendant
)
)
What happens next?
the United States).
Date: 10/30/201 0
8092 SW 115th Loop
Address
neilgiliespie@mfLnet
E-mail address
352-854-7807
Telephone number
--------
AD 399 (01/09) Waiver of the Service of Summons
for the
NEIL J. GILLESPIE
)
Plaintiff
)
Defendant
)
)
To: NEIL J. GILLESPIE
(Name ofthe plaintiff's attorney or unrepresentedplaintifj)
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's
60 days from 10/30/2010 , the date when this request was sent (or 90 days if it was sent outside the
Date:
Signature ofthe attorney or unrepresentedparty
Printed name ofparty waiving service ofsummons Printed name
Address
E-mail address
Telephone number
Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving a summons
"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.
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
Neil J. Gillespie
Printed name
for the
NEIL J. GILLESPIE
)
Plaintiff
)
CLAUDIA RICKERT 150M, Circuit Court Judge
)
Defendant
)
What happens next?
the United States).
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie @ mfi. net
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
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
Date: 10/30/201 0
Printed name
8092 SW 115th Loop
Address
neilgiliespie@mfLnet
E-mail address
352-854-7807
Telephone number
for the
NEIL J. GILLESPIE
Plaintiff
v.
CLAUDIA RICKERT ISOM, individually
Defendant
)
)
)
)
)
What happens next?
Ifyou return the signed waiver, I wi11 file it with the court. The action wi11 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 wi11 have 60 days from the date this notice
the United States).
If you do not return the signed waiver within the time indicated, I wi11 arrange to have the summons and complaint
served on you. And I wi11 ask the court to require you, or the entity you represent, to pay the expenses of making service.
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
for the
NEIL J. GILLESPIE
)
Plaintif!
)
v. ) Civil Action No.5: 10-cv-503-oc-WTH-DAB
DAVID A. ROWLAND, Court Counsel
)
Defendant
)
What happens next?
the United States).
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie@mfi.net
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010
for the
NEIL J. GILLESPIE
)
Plaintiff
)
DAVID A. ROWLAND, individually
Defendant
)
)
What happens next?
Ifyou return the signed waiver, I will file it with the court. The action will then proceed as ifyou had been served
the United States).
Date: 10/30/2010
8092 SW 115th Loop
Address
neilgillespie @ mfLnet
E-mail address
352-854-7807
Telephone number
for the
__________ District of __________
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
To:
Date:
Address
E-mail address
Telephone number
NEIL J. GILLESPIE
NEIL J. GILLESPIE
10/30/2010

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

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

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