NOTICE OF LAWSUIT AND REQUEST FOR

WAIVER OF SERVICE OF SUMMONS

TO: Mr. Randall J. Boe

as an individual

-and-

in your relationship to Defendant:

AOL Time Warner, Inc.

111 Eighth Street

New York City 10011

NEW YORK STATE, USA

c/o C T Corporation System

Agent for Service of Process

818 West Seventh Street

Los Angeles 90017

CALIFORNIA, USA

A lawsuit has been commenced against you (or the entity on whose behalf you are addressed).

A copy of the COMPLAINT is attached to this NOTICE.

It has been filed in the District Court of the United States for the Eastern Judicial District of California, in Sacramento, and has been assigned docket number CIV. S-01-1480 LKK DAD.

This is not a formal SUMMONS or notification from the Court, but rather My request that you sign and return the enclosed WAIVER OF SERVICE OF SUMMONS (Plaintiff’s copy), in order to save the cost of serving you with a judicial SUMMONS and an additional copy of the COMPLAINT.

The cost of service will be avoided if I receive from you a signed copy of the WAIVER within 30 days after the date on which this NOTICE AND REQUEST was sent (or within 60 days, if you are located in a foreign country). See below, above Signature of Unrepresented Plaintiff.

I enclose a stamped and addressed envelope (or other means of cost-free return) for your use.

An extra copy of the WAIVER is also attached, for your records (see Defendant’s copy).

If you comply with this request and return the signed WAIVER, it will be filed with the Court and no SUMMONS will be served on you.

The action will then proceed as if you had been served on the date the WAIVER is filed, except that you will then be obligated to answer the COMPLAINT within 60 days from the date on which this NOTICE was sent (or within 90 days from that date, if your address is not in any judicial district of the United States). See below.

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 I will then, to the extent authorized by those Rules, ask the Court to require you (or the party on whose behalf you are addressed) to pay the full costs of such service.

In that connection, please read the attached 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 affirm that this request is being sent to you on behalf of the Plaintiff, this 7th day of August, 2001 A.D.

/s/ Paul Andrew Mitchell

______________________________________________________________

Signature of Unrepresented Plaintiff

WAIVER OF SERVICE OF SUMMONS (Defendant’s copy)

TO: Paul Andrew Mitchell, Unrepresented Plaintiff

I acknowledge receipt of Your request that I waive service of a SUMMONS in the action of Mitchell v. AOL Time Warner, Inc. et al., which is docket number CIV. S-01-1480 LKK DAD in the District Court of the United States, Eastern Judicial District of California (Sacramento).

I have also received a copy of the COMPLAINT in this action, two copies of this instrument, and a means by which I can return the signed WAIVER to You without cost to me.

I agree to save the cost of serving a SUMMONS and an additional copy of the COMPLAINT in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by FRCP Rule 4.

I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the Court, except for objections based on a defect in the SUMMONS or in the service of the SUMMONS.

I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if an answer or motion under Rule 12 is not served upon You within 60 days after August 7, 2001 A.D., or within 90 days after that date, if the request was sent outside the United States of America.

Date:

Signature: ___________________________________________________

Printed/typed name: __________________________________________

in my capacity as: __________________________________________

of (entity name): __________________________________________

Duty to Avoid Unnecessary Costs of Service of Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of serving the SUMMONS and COMPLAINT.

All defendants located in the United States of America, after being notified of an action and asked by a plaintiff located in the United States of America to waive service of a summons, who fail to do so, will be required to bear the cost of such service, unless good cause be shown for their failure to sign and return the WAIVER.

It is not good cause for a failure to waive service that a party believes that the COMPLAINT is unfounded, or that the action has been brought in an improper place, or in a court that lacks jurisdiction over the subject matter of the action, or over its person or property.

A party who waives service of the SUMMONS retains all defenses and objections (except any relating to the SUMMONS or to the service of the SUMMONS), and may later object to the jurisdiction of the Court, or to the place where the action has been brought.

Defendants who waive service must, within the time specified on the WAIVER form, serve on the unrepresented Plaintiff a response to the COMPLAINT (e.g. answer or motion), and must also file a signed copy of their response with the Court.

If a response is not served within this time, a default judgment may be taken against that defendant.

By waiving service, a defendant is allowed more time to respond than if the SUMMONS had been actually served when the request for waiver of service was received.