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336 bytes added ,  04:27, February 4, 2013
→‎Initial filing: add rule 12(b) on service and waiving the defense of insufficient service
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=== Initial filing ===
 
=== Initial filing ===
 
On 20 September 2010, Purpura and Laster served their complaint electronically<ref name=complaint/> on Secretaries [[Kathleen Sebelius]], [[Timothy Geithner]], and [[Hilda Solis]].  They did not serve their complaint upon the [[United States Attorney]] in New Jersey, as Rule 4 of the [[Federal Rules of Civil Procedure]] requires. (However, the time for the defendants to move the dismissal of the case on the basis of "insufficient service of process" has long passed, and by their subsequent correspondence, including the filing of motions of other kinds in this case, they have waived that defense.<ref name=suffserv>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/whether-the-nj-usa-was-properly-served|title=Whether the NJ USA was properly served|publisher=Essex County Conservative Examiner|date=2011-01-09|accessmonthday=January 9|accessyear=2011}}</ref>)
 
On 20 September 2010, Purpura and Laster served their complaint electronically<ref name=complaint/> on Secretaries [[Kathleen Sebelius]], [[Timothy Geithner]], and [[Hilda Solis]].  They did not serve their complaint upon the [[United States Attorney]] in New Jersey, as Rule 4 of the [[Federal Rules of Civil Procedure]] requires. (However, the time for the defendants to move the dismissal of the case on the basis of "insufficient service of process" has long passed, and by their subsequent correspondence, including the filing of motions of other kinds in this case, they have waived that defense.<ref name=suffserv>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/whether-the-nj-usa-was-properly-served|title=Whether the NJ USA was properly served|publisher=Essex County Conservative Examiner|date=2011-01-09|accessmonthday=January 9|accessyear=2011}}</ref>)
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Rule 12(b) of the Federal Rules of Civil Procedure states that a motion to dismiss for insufficient service of process
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{{cquote|must be made before pleading if a responsive pleading is allowed. ... No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.}}
    
=== Filing for a TRO ===
 
=== Filing for a TRO ===
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