My question involves court procedures for the state of: Federal courts

Dear Attorneys,

This is a very technical procedural question. I am suing a municipality and sought a waiver of service pursuant to F.R.C.P. 4(d). I met the requirements provided by Rule 4(d(2) and defendant has failed to comply with my request for a waiver. Once 60 days have elapsed, I plan to to file a motion for costs.

Meanwhile, the defendant has filed an answer to my complaint.

Question: Must the defendant first comply with accepting my request for a waiver before filing an answer?

Thank you.