Spongetech Delivery Systems, Inc. (fka SPNGQ)

[Pedro2004]

Re: 1) They have actually served defendant and will bring proof thereof to court on 12/1 and ask for default (highly unlikely)

We both know that didn't happen -- so I won't comment.





Re: 2) The defendant is ignoring the request for waiver. If this is the case, then after 60 days from the request, plaintiff will have actual summons served on the defendant,who will then have 30 days to file entry/defensive pleadings.

I don't understand why SPNG would not -- just -- serve the attorney of record!

Do you have any proof a waiver was sent?


http://www.law.cornell.edu/rules/frcp/Rule12.htm#Rule4_d_

(A) A defendant must serve an answer:

(i) within 20 days after being served with the summons and complaint; or

(ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.

(B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim.

(C) A party must serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.