TRIBUNE COMPANY FRAUDULENT CONVEYANCE LITIGATION

The document below was converted from PDF to text and there may be a few typos as the conversion does not read and convert every letter correctly, there are seven additional pages that complete the summons. The former Los Angeles Times employee that received the summons is being sued for $105,400 and after consulting an attorney sent the following message.

“Ed, just wanted to let you know that my lawyer said you don 't even have to respond to the waiver of summons. The defendants have moved to have the case thrown out soon. Take care bud. Keep in touch I will let you know when I find out what happens down the road.”

For the former LA Times employees that are naturally concerned about this case, it only affects a very small fraction of former employees, so don’t stress especially if you have not received anything regarding this case in the mail yet.

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

UNITED STATES DISTRICT COURT
for the
Southern District of New York

Deutsche Bank Trust Company Americas et al \
Plaintiff

v. ) Civil Action No. 1:11-cv-09572-WHP
First Republic Bank et al )
Defendant)

WAIVER OF THE SERVICE OF SUMMONS

To: Christine Doniak, Esq.
(Name of the plaintiff’s attorney or unrepresented plantiff

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 March 9,2012, 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 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.

CALIFORNIA EXHIBIT A TO THE THIRD AMENDED COMPLAINT

(Name and address removed) $105,400