Law Orrices TREMBLAY & SMITH, LLP P.O. Box 158s Joun K. Taccart, IL (CHARLOTTESVILLE, VIRGINIA 22902-1585 ‘Nathan J. D. VetpHuis ME. Gmsox, Jr. 105.109 East HGH STREET Relist rind “Thows E- Alsno a5 Perea "TELEPHONE 434 977-4455 . . R. Les Livmostos FACSIMILE (34) 9794221, ms aren}. Carawans wvoeareaBlaysith com Low. Sam je May 15, 2009 Kyle J. Redinger Spicy Bear Media LLC 250 W. Main St, Suite 101 Charlottesville, VA 22902 RE: Matthew Rosenberg v. Spicy Bear Media LLC, et al. Dear Mr. Redinger: Lam serving as local counsel for Matthew Rosenberg, who, as you know from previous correspondence, is also being represented by Carolyn Wright of Buckley Brown, P.C. Earlier today, on behalf of Mr. Rosenberg, I filed a Complaint against you and Spicy Bear Media LLC in the U.S. District Court related to the copyright infringement of which you have previously been notified. A copy of the Complaint is enclosed along with two copies of the Notice and Waiver of the Service of ‘Summons forms. The Notice explains the purpose and effect of those forms Please sign, date and otherwise complete (address, e-mail, phone number) one of the Waiver of Service of Summons forms and return the original document to me in the enclosed self- addressed, stamped envelope for filing with the Court. You may keep the other copy and the Complaint for your records. Thank you. Very truly yours, Peter J. Caramanis Cc: Carolyn Wright (w/encl,) Matthew Rosenberg (w/encl)298.0308) Nove of Lust ant Rees i Waive Serie of Suma UNITED STATES DISTRICT COURT for the Western District of Virginia Matthew Rosenberg ) Phintitt 5 v ) Civil Action No. 3:09-ev-37 Spicy Bear Media LLC, Kyle J. Redingor ) Defendant 4 Notice of a Lawsuit and Request to Waive Service of a Summons To: ___Kyle J. Redinger, individually and as an officer or agent of Spicy Bear Media LLC (Wame ofthe defendant or ifthe defendant isa corporation, parnershi, 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, ot an official notice from the court. Itis.arequest that, to avoid expenses, you waive formal service ofa summons by signing and retuming the enclosed waiver. To avoid these expenses, you must return the signed waiver within 30_days (give at least 30 days or atleast 60 days ifthe defendant is outside any judicial district ofthe United States) from the date shown below, which isthe date this notice was sent. Two copies of the waiver form are enclosed, along witha stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. ‘What happens next? Ifyou 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 day's 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 [ 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. | certify that this request is being sent to you on the date below. Date 05/15/2009 Signature of Me baaxtey or unrepresented party Peter J. Caramanis, Esq, Printed name Tremblay & Smith, LLP 105-109 East High Street Charlottesville, Virginia 22902 adres Pete.Caramanis@tremblaysmith.com Ema address (434) 97-4455 Telephone numberUNITED STATES DISTRICT COURT for the Westem District of Virginia Matthew Rosenberg Plain? v. Spicy Bear Media, LLC, Kyle J. Redinger Defendant Civil Action No. Waiver of the Service of Summons Peter J. Caramanis ‘Wae of the plata attorney or unrepresented plaitfh have received your request to waive service of a summons in this action along with a copy of the complaint, ‘Wo copies of this waiver form, and a prepaid means of returning one signed copy of the form to you, |, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. | understand that I, ot the entity T 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 ofa summons or of service. {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 95/15/2009 , the date when this request was sent (or 90 days if it was sent outside the United States). TFT fail to do so, a default judgment will be entered against me or the entity I represent. Date ‘Signature ofthe aiomey or unrepresented party Printed ame “aadress Email address Telephone number ‘Duty to Avonl Unnecessary Expenses of Serving a Summons Rule 4 ofthe Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant wi i located in the United States and who fails o return a signed waiver of service requested bya plant locted In the United States will be required to pay the expenses oF service, unless the defendant shows good cause forthe falar, "Good cause does nt ince a bli thatthe lawsuits groundles, or that it has been brought in an improper venue, or thatthe court has ‘no jurisdiction over this matter or over the defendant or the defendant's property. the waivers signed and returned, you can sil make these and all other defenses and objections, but you cannot object tothe absence of summons oF oF service ‘you waive service, then you must, within the time specified onthe weiver frm, serve an answer ora motion under Rule 12 onthe plaintiff and fila copy withthe cour By signing and returing the waiver form, you are allowed more time to respond than if a summons had bee served.