More details to this question:
We are a Florida-based small business that has received a summons from a corporation based in California. The primary defendant in the lawsuit is a vendor from whom we purchased goods for resale. The primary defendant is being sued for patent infringement and we as a re-sellers (along with 10 other re-sellers) have been named as co-defendants because we have sold the vendors goods. We were served on 8/11/2016 (according to the time stamp on the documents) via our UPS private mail box. We were not present to receive the summons. How much time do we have to respond? We have written confirmation from the primary defendant that they will indemnify us against any legal costs and/or judgements that may be handed down by the court. We are waiting to receive a letter of engagement from the defendants attorney and they intend to file an extension on our behalf. In the mean time, should I be filing a response to the summons to protect myself?
1 ANSWER
3 Awards
In federal court, you need to answer 20 days from service of the summons and complaint, so assuming the service was valid (I would have to check the documents to be sure), your response is due Wednesday, August 31st. If you haven't heard back from defendant's counsel by now, someone should contact plaintiff's counsel on your behalf to seek an extension of time to respond.
Andrew K Jacobson
Bay Oak Law
Answered on Aug 29th, 2016 at 9:11 AM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.