Claim by Dustin McGonigleCity of Dubuque Consent Items # 2.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
July 6, 2021
Dustin McGonigle - Section 1983; J.B. Priest for property damage;
Douglas Spyrison for property damage; Jane Thorne and Michael
Thorne for vehicle damage; Settlement Agreement and Mutual Release
of All Claims between HACAP / Operation New View and Gary
Stelpflug/2G2, LLC.
Suggested Disposition: Receive and File; Refer to City Attorney
Claim by Dustin McGonigle
Claim by J.B. Priest
Claim by Douglas Spyrison
Claim by Jane Thorne and Michael Thorne
Settlement with Gary Stepflug and 2G2
Letter and Settlement Agreement Stepf lug and 2G2
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Staff Memo
Supporting Documentation
GRIBBLE,,sOLES, STEWART&WITOSKY
June 17, 2021
Charles E. Gribble
Matthew M. Boles
Christopher C. Stewart
Adam C. Witosky
Heidi M. Young
Jane M. White
ATTORNEYS
Sent via Email - abreitfe*cityofdubuque.or
mdalsin @cit-yofdubuque.org
Adrienne N. Breitfelder
Clerk, City of Dubuque
50 W. 13th Street
Dubuque, Iowa 52001
Mark Dalsing
Chief, Dubuque Police Department
770 Iowa Street
Dubuque, Iowa 52001
RE: McGonigle v. City of Dubuque, et al.
Case No. 2:21-cv-1006
Dear Ms. Breitfelder and Chief Dalsing:
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMMONS
Be advised a lawsuit has been filed against the City of Dubuque, Chief Mark Dalsing, and
John Doe officers of the Dubuque Police Department. A copy of the complaint is attached to
this notice. It has been filed in the United States District Court for the Northern District of
Iowa, Eastern Division, and has been assigned docket number 2:21-cv-1006.
This is not a formal summons or notification from the court, but rather my request that you
sign and return the waiver of service in order to save the cost of serving judicial summons
and an additional copy of the complaint. The cost of service will be avoided if I receive a
signed copy of the waiver within 30 days after the date designated below as the date on
which this Notice and Request is sent. A signed waiver may be returned to our office by
email. Two electronic copies of the waiver are attached for your records.
2015 Grand Ave Suite 200, Des Moines, Iowa 50312
515-235-0551 1 gbswlaw.com
(RwUlUBBLE, BOLES, STEWART & ►i gTOSKY
6/17/2021
Page 2
If you comply with this request and return the signed waiver, it will be filed with the court
and no summons will be served. The action will then proceed as if service was completed on
the date the waiver is filed, except that you will not be obligated to answer the complaint
before 60 days from the date designated below as the date on which this notice is sent.
If you do not return the signed waiver within the time indicated, I will take appropriate
steps to effect formal service in a manner authorized by the Federal Rules of Civil Procedure
and will then, to the extent authorized by those Rules, ask the court to require the
Defendants to pay the full costs of such service. Please read the statement concerning the
duty of parties to waive the service of the summons, which is set forth at the foot of the
waiver form.
I certify this request is being sent to you on behalf of the Plaintiff, this 17th day of June
2021.
Very truly yours,
GRIBBLE, BOLES, STEWART & WITOSKY LAW
BY: L
Adam C. Witosky
awitosky@gbswlaw.com
Enclosures: Complaint and Jury Demand
Waiver of Service of Summons (PDF and Word)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT
(EASTERN DIVISION)
DUSTIN MCGONIGLE,
Plaintiff,
V.
THE CITY OF DUBUQUE, JOHN DOE(s)
in their individual and professional capacities as
Law Enforcement Officer(s) for the City of
Dubuque Police Department, MARK
DALSING, in his individual and professional
capacities, UNITY POINT HEALTH-
FINLEY HOSPITAL, and ALEJANDRO
PULIDO in his individual and professional
capacities.
Defendants.
CASE NO.: 2:21-cv-1006
COMPLAINT
COMES NOW, the Plaintiff, Dustin McGonigle, by and through his undersigned counsel,
and for his causes of action respectfully states the following:
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3).
The supplemental jurisdiction of the Court to hear and decide the pendent claims arising out of
state law is invoked pursuant to 28 U.S.C. § 1367.
2. Venue is proper under 28 U.S.C. § 1391(b)(2) because a substantial part of the
events and acts or omissions alleged herein took place in Dubuque County, Iowa in the Eastern
Division of the Northern District of Iowa.
PARTIES
3. Plaintiff Dustin McGonigle (hereinafter Dustin) is an individual residing in
Dubuque County, Iowa and at all times material to the events complained of herein is the referred
to Plaintiff and sole injured party to the action hereto.
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 1 of 14
4. Defendant City of Dubuque (hereinafter Defendant City) is a city corporation
existing under the laws of the State of Iowa and operates the City of Dubuque's Police Department.
5. Defendant Mark Dalsing (hereinafter Defendant Dalsing) was the Chief of Police
for the City of Dubuque Police Department at all relevant times.
6. Defendant(s) John/Jane Doe(s) (hereinafter Defendant Doe(s)) are believed to be
citizens of the State of Iowa, and was/were employed as officers with the City of Dubuque at all
times relevant to the events complained of herein. These individual(s) cannot be identified by the
Plaintiff due to lack of knowledge of identity.
7. Defendant Unity Point Health -Finley Hospital (hereinafter Finley Hospital) is a
medical facility operating as a branch of UnityPoint Health and at all relevant events was the
hospital utilized by the Plaintiff.
8. Defendant Alejandro Pulido (hereinafter Defendant Pulido) is believed to be a
citizen and resident of the State of Iowa and was employed as a physician with Unity Point Health -
Finley Hospital at all times relevant to the events complained herein.
FACTUAL BACKGROUND
9. All events complained of herein occurred in the City of Dubuque, Dubuque
County, Iowa.
10. On April 11, 2019, the Dustin was stabbed by unnamed assailants.
11. Following this incident, Defendant Doe(s) apprehended and arrested Dustin.
12. Defendant Doe(s) then brought Dustin to Finley Hospital for a medical
examination.
13. During this examination, Dustin remained within sight of police officers and was
not properly examined by medical professionals, namely Defendant Pulido.
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 2 of 14
14. Defendant Doe(s) refused to allow for Dustin to be properly examined by medical
professionals and quickly took Dustin from the hospital to the City of Dubuque Police Station.
15. Dustin was taken and booked in jail without the requisite medical examination.
16. While in custody, Dustin called his parents from the jail floor due to the extensive
pain in his abdomen.
17. After being released, Dustin, barely able to walk due to pain, was immediately
taken by his parents back to Defendant Finley Hospital.
18. Upon arrival, Dustin was reexamined and surgery on Dustin's abdomen was
performed within one (1) hour.
19. As a result of the surgery, Dustin remained in the hospital for seven (7) days and
received rehabilitative therapy thereafter.
CAUSES OF ACTION
COUNT
CIVIL RIGHTS VIOLATION PURSUANT TO 42 U.S.C. 1983
VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENT TO THE UNITED
STATES CONSTITUTION
Right to Due Process
(Against Defendants Doe(s))
20. Plaintiff repleads paragraphs one (1) through nineteen (19) as fully set forth herein.
21. Plaintiff brings suit against Defendants Doe(s) in their individual capacities for the
purposes of this section 1983 cause for damages.
22. At all times material hereto, Defendant Doe(s) actions, inactions and/or omissions
were made under the color of authority and law enforcement officers for the City of Dubuque.
23. From April 11, 2019 to April 12, 2019, Defendants Doe(s) violated Dustin's clearly
established constitutional rights when they failed to provide adequate medical treatment for
Dustin's serious medical needs.
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 3 of 14
24. Defendants Doe(s) actions, inactions and/or omissions in failing to provide
adequate medical treatment shows a deliberate indifference to and/or reckless disregard for
Dustin's civil and constitutional rights by failing to provide adequate medical treatment for
Dustin's serious medical needs.
25. As such, Defendants Does(s) violated Dustin's Fifth and Fourteenth Amendment
Rights under the United States Constitution to due process.
26. The lack of medical treatment provided by Defendants Doe(s) was unreasonable
under the circumstances.
27. Defendants Doe(s) actions were willful, wanton, unlawful, and in gross disregard
of the civil rights of Dustin, justifying an award of punitive damages.
28. Defendants Doe(s) were aware that their conduct put Dustin at risk of serious,
immediate, and proximate harm, including death.
29. As a direct and proximate result of the failure of Defendants Doe(s) to act to provide
adequate medical care, the Plaintiff was injured and is entitled to recover damages for:
a. The deprivation of Dustin's constitutional rights
b. The humiliation, degradation, public ridicule and loss of person reputation;
c. The physical pain, mental and emotional distress and suffering including loss of
mind and body;
d. All actual and compensatory damages including, but not limited to, past and
present pain and suffering and medical expenses;
e. All expenses associated with the prosecution of the instant action including, but
not limited to court costs, anticipated discovery expenses, anticipated expert
expenses, and legally allowable judgement interest and;
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 4 of 14
f. Any other damages allowed by federal or state law, including but not limited to
reasonable attorney's fees and costs pursuant to 42 U.S.C. § 1988.
WHEREFORE, the Plaintiff, Dustin McGonigle prays for Judgement against the
aforementioned Defendants as follows:
a. Actual, Compensatory, Consequential, and all other allowable damages against
Defendant in an amount as yet to be determined;
b. Plaintiff's costs in this action, including reasonable attorney's fees and costs
pursuant to 42 U.S.C. § 1988;
c. Punitive damages; and
d. Such other and further relief as the Court deems just and equitable.
COUNT II
CIVIL RIGHTS VIOLATION PURSUANT TO 42 U.S.C. & 1983 VIOLATION OF
FOURTEENTH AMENDMENT TO THE UNITES STATES CONSTITUTION
Right to Bodily Integrity
(Against Defendants Dods))
herein.
30. Plaintiff repleads paragraphs ones (1) through twenty-nine (29) as fully set forth
31. Plaintiff brings suit against Defendants Doe(s) in their individual capacities for the
purposes of this Section 1983 cause for damages.
32. Defendants Doe(s), inactions, and/or omissions were made under the color of
authority and law enforcement officers for the City of Dubuque Police Department.
33. From April 11, 2019 to April 12, 2019, Defendants Doe(s) violated Dustin's clearly
established constitutional rights when they failed to ensure his bodily integrity and well-being.
34. Defendant Doe(s) actions, inactions and/or omissions in failing to ensure Dustin's
bodily integrity shows a deliberate indifference to and/or reckless disregard for Dustin's civil and
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 5 of 14
constitutional rights by failing to ensure the health and well-being of Dustin.
35. As such, Defendants Doe(s) violated Dustin's Fourteenth Amendment Rights under
the United States Constitution to bodily integrity.
36. The failure to ensure physical well-being and disregard for bodily integrity
provided by Defendants Doe(s) was unreasonable under the circumstances.
37. Defendants Doe(s) actions were willful, wanton, unlawful, and in gross disregard
of the civil rights of Dustin, thereby justifying an award of punitive damages.
38. Defendants Doe(s) were aware that they conduct put Dustin at risk or serious,
immediate, and proximate harm, including death.
39. As a direct and proximate result of the failure of Defendants Doe(s) to act and
provide adequate medical care, the Plaintiff was injured and is entitled to recover damages for:
a. The deprivation of Dustin's constitutional rights;
b. The humiliation, degradation, public ridicule and loss of person reputation;
c. The physical pain, mental and emotional distress and suffering including loss of
mind and body;
d. All actual and compensatory damages including, but not limited to, past and present
pain and suffering and medical expenses;
e. All expenses associated with the prosecution of the instant action including, but not
limited to court costs, anticipated discovery expenses, anticipated expert expenses,
and legally allowable judgement interest and;
f. Any other damages allowed by federal or state law, including but not limited to
reasonable attorney's fees and costs pursuant to 42 U.S.C. § 1988.
WHEREFORE, the Plaintiff, Dustin McGonigle prays for Judgement against the
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 6 of 14
aforementioned Defendants as follows:
herein.
a. Actual, Compensatory, Consequential, and all other allowable damages against
Defendant in an amount as yet to be determined;
b. Plaintiff's costs in this action, including reasonable attorney's fees and costs
pursuant to 42 U.S.C. § 1988;
c. Punitive damages; and
d. Such other and further relief as the Court deems just and equitable.
COUNT III
NEGLIGENT HIRING, TRAINING AND SUPERVISION
(Against Defendants City ofDubugue and Dalsing)
40. Plaintiff repleads paragraphs one (1) through thirty-nine (39) as if fully set fourth
41. Defendants City of Dubuque and Dalsing are the employers and/or supervising
officers of Defendants Doe(s).
42. As Defendants' employers/supervisors within the City of Dubuque Police
Department, these Defendants have a duty to exercise reasonable care in the hiring, retention and
supervision of individuals who, because of their employment, may pose a threat of injury to
members of the public.
43. These Defendants knew or should have known of Doe(s) dangerous proclivities,
and the threat of injury posed in effectuating their duties.
44. These Defendants breached their duty in the negligent and reckless supervision and
retention of Doe(s).
45. As a direct and proximate result of these Defendants' illegal and unjustified
conduct, the Plaintiff was injured, and is entitled to recover damages for:
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 7 of 14
a. The deprivation of Dustin's constitutional rights;
b. The humiliation, degradation, public ridicule and loss of person reputation;
c. The physical pain, mental and emotional distress and suffering including loss of
mind and body;
d. All actual and compensatory damages including, but not limited to, past and
present pain and suffering and medical expenses;
e. All expenses associated with the prosecution of the instant action including, but
not limited to court costs, anticipated discovery expenses, anticipated expert
expenses, and legally allowable judgement interest and;
f. Any other damages allowed by federal or state law, including but not limited to
reasonable attorney's fees and costs pursuant to 42 U.S.C. § 1988.
WHEREFORE, the Plaintiff, Dustin McGonigle prays for Judgement against the
aforementioned Defendants as follows:
herein.
e. Actual, Compensatory, Consequential, and all other allowable damages against
Defendant in an amount as yet to be determined;
f. Plaintiff's costs in this action, including reasonable attorney's fees and costs
pursuant to 42 U.S.C. § 1988;
g. Punitive damages; and
h. Such other and further relief as the Court deems just and equitable.
COUNT IV
NEGLIGENCE
(Against Defendants Dods))
46. Plaintiff repleads paragraphs one (1) through forty-five (45) as if fully set forth
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 8 of 14
47. Defendants Doe(s) owed Dustin, as a person seized by him, a duty to care for
Plaintiff's safety, security, custody, control, and well-being.
48. Defendants Doe(s) caused the exacerbation and increased severity of the injuries
sustained and described herein.
49. Defendants breaches said duty, constituting negligence, in one of more of the
following particulars:
a. Failing to allow for an appropriate medical examination of Dustin following
apprehension;
b. Failing to observe Dustin despite knowing he had an abdominal injury;
c. Failing to permit exhaustive medical attention for Dustin despite his displaying
signs of a serious medical condition;
d. Failing to appreciate the nature of Dustin's symptoms despite the knowledge of an
abdominal injury;
e. Failing to appreciate the risk of harm to Dustin from insufficient and hurried
medical treatment.
50. Defendants' negligence was a proximate cause of Dustin's injuries.
51. As a result of Defendants Doe(s) negligence, Dustin sustained legally cognizable
damages and injuries, having suffered and incurred in the past and will suffer and incur in the
future the following:
a. Physical pain, distress, and suffering;
b. Mental and emotional pain, distress, and suffering;
c. Loss of mind and body;
d. All actual and compensatory damages including, but not limited to, past and
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 9 of 14
present pain and suffering and medical expenses;
e. Loss of income and earning capacity; and
f. All expenses associated with the prosecution of the instant action including,
but not limited to, court costs, anticipated discovery expenses, anticipated
expert expenses, and legally allowable judgment interest.
WHEREFORE, Plaintiff prays for Judgment against the aforementioned Defendant
Doe(s) in an amount which will fully and fairly compensate him for his injuries and damages,
including compensatory and punitive damages, for attorney fees, for interest and costs as allowed
by law, and such other relief as may be just under the circumstances and otherwise allowable by
law.
herein.
COUNT V
RESPONDEAT SUPERIOR
(Against Defendants City of Dubuque, Dalsing)
52. Plaintiffs replead paragraphs one (1) through fifty-one (51) as if fully set forth
53. At all times material hereto, an employer -employee relationship existed between
the Defendants, as the employer, and Defendants Doe(s), and Pulido as employees as personnel
under the supervision and control of Defendants City of Dubuque and Dalsing.
54. At all time material hereto, Defendants Doe(s) were acting within the scope of their
employment with and/or under the supervision of Defendants City of Dubuque and Dalsing.
55. Under the doctrine of respondeat superior, Defendants are liable for the
aforementioned conduct and/or omissions of Defendants Doe(s) including violation of the United
States Constitution.
56. As a result of the Defendants' negligence, Dustin sustained legally cognizable
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 10 of 14
damages and injuries, having suffered and incurred in the past, and will suffer and incur in the
future the following:
a. Physical pain, distress, and suffering;
b. Mental and emotional pain, distress, and suffering;
c. Loss of mind and body;
d. All actual and compensatory damages including, but not limited to, past and
present pain and suffering and medical expenses;
e. Loss of income and earning capacity; and,
f. All expenses associated with the prosecution of the instant action including, but
not limited to court costs, anticipated discover expenses, anticipated expert
expenses, and legally allowable judgment interest.
WHEREFORE, the Plaintiff, Dustin McGonigle demands Judgement against Defendants
City of Dubuque and Dalsing in an amount representing full and fair compensation for the injuries
and damages as set forth above, interest, and costs as allowed by law, and for such other relief as
may be just under the circumstances.
herein.
COUNT VI
NEGLIGENCE
(Against Defendant Alejandro Pulido, M.D.)
57. Plaintiffs replead paragraphs one (1) through fifty-six (56) as if fully set forth
58. On or about April 11 and April 12, 2019, Alejandro Pulido, provided medical
services and treatment to the Plaintiff.
59. Defendant Pulido possesses an absolute and non -delegable duty to patients,
including the Plaintiff, to provide competent medical care.
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 11 of 14
60. Defendant Pulido as Plaintiff's medical provider, owed Plaintiff a duty to use the
degree of skill, care and learning ordinarily possessed and exercised by other centers and
professionals in similar circumstances.
61. Defendant Pulido breached his duty to the Plaintiff, thereby constituting
professional negligence, in one or more of the following particulars:
a. Failing to require physicians working in under their care to exercise the standard of
care which is generally followed by other physicians in similar circumstances; and
b. Administering a course of treatment, it knows to be inconsistent with the standard
of care established for such circumstances.
62. The negligence of Defendant Pulido was a direct and proximate cause of Plaintiff's
damages and injuries set forth above.
63. As a result of the above, Dustin sustained damages and injuries as follows:
a. physical, mental, and emotional pain and anguish;
b. physical impairment in the past, present and future;
C. medical expenses;
d. loss of present and future earnings;
e. other financial expenses; and
f. all expenses associated with the prosecution of the instant action,
including, but not limited to, attorney fees, court costs, anticipated
discovery expenses, anticipated expert expenses, and the maximum
legally allowable judgment interest as allowed by the statutory or
common law of Iowa.
WHEREFORE, the Plaintiff, Dustin McGonigle demands Judgement against Defendant
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 12 of 14
Pulido in an amount representing full and fair compensation for the injuries and damages as set
forth above, interest, and costs as allowed by law, and for such other relief as may be just under
the circumstances.
herein.
COUNT VII
RESPONDEAT SUPERIOR
(Against Defendant Unity Point Health -Finley Hospital)
64. Plaintiffs replead paragraphs one (1) through sixty-three (63) as if fully set forth
65. At all times material hereto, an employer -employee relationship existed between
Defendant Finley Hospital as the employer, and Defendant Pulido, individually, as an employee.
66. At all times material hereto, Defendant Pulido acted within the scope of his
employment with Defendant Finley Hospital
67. Under the doctrine of Respondeat Superior, Defendant Finley Hospital is liable for
the aforementioned negligence of Defendant Pulido.
68. The negligence of Defendant Finley Hospital was a direct and proximate cause of
Plaintiff's damages and injuries set forth above.
69. As a result of the above, Dustin sustained damages and injuries as follows:
a. physical, mental, and emotional pain and anguish;
b. physical impairment in the past, present and future;
C. medical expenses;
d. loss of present and future earnings;
C. other financial expenses; and
f. All expenses associated with the prosecution of the instant action,
including, but not limited to, attorney fees, court costs, anticipated
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 13 of 14
discovery expenses, anticipated expert expenses, and the maximum
legally allowable judgment interest as allowed by the statutory or
common law of Iowa.
WHEREFORE, the Plaintiff, Dustin McGonigle demands Judgement against Defendant
Unity Point Health -Finley Hospital in an amount representing full and fair compensation for the
injuries and damages as set forth above, interest, and costs as allowed by law, and for such other
relief as may be just under the circumstances.
JURY DEMAND
COMES NOW, the Plaintiff Dustin McGonigle, and hereby demands a trial by jury with
regard to all counts pled herein.
Respectfully submitted,
GRIBBLE, BOLES, STEWART & WITOSKY
LAW
BY: 6/ Matthew 3&I ek
Matthew Boles AT0001037
BY: /�/ Ch�%�tohey Ste�wa
Christopher Stewart AT0013127
2015 Grand Avenue, Suite 200
Des Moines, Iowa 50312
Telephone: (515) 235-0551
Fax: (515) 243-3696
Email: mboles(d),gbswlaw.com
cstewartkgbswlaw.com
ATTORNEYS FOR PLAINTIFF
Case 2:21-cv-01006 Document 1 Filed 04/08/21 Page 14 of 14
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
DUSTIN MCGONIGLE,
Plaintiff,
VS.
THE CITY OF DUBUQUE, ET AL,
Defendants.
Civil No. 2:21-cv-1006
WAIVER OF SERVICE OF
SUMMONS
TO: Matthew Boles and Christopher Stewart, Attorneys for Plaintiff Dustin
McGonigle
mboles@gbswlaw.com
cstewart@gbswlaw.com
I have received your request to waive service of a summons in this action, along with
a copy of the complaint in the action, copies of this waiver, and a means by which I
can return the signed waiver to you without cost to me.
I agree to save the cost of service of summons on each named Defendant and an
additional copy of the complaint in this lawsuit by not requiring that I, or the entity
I represent, be served with judicial process in the manner provided by Rule 4.
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 I, or the entity I represent, must file and serve an answer or a
motion under Rule 12 within 60 days from June 17, 2021, the date when this request
was sent. If I fail to do so, a default judgment will be entered against me or the entity
I represent.
Printed Name of Parties Waiving Service of Summons
DATE SIGNATURE
Printed/Typed Name:
Address:
Email:
Telephone:
DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF 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 defendant's 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.
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