Somlar v. Nelnet Inc.

Filing 11

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk is directed to serve process on CT Corporation System, 5601 South 59th Street, Lincoln, NE 68516. IT IS FURTHER ORDERED that the Court will hold plaintiffs motion for default judgment in abeyance pending the resolution of this matter. Signed by District Judge Audrey G. Fleissig on 08/31/2016. (A copy of this Memorandum and Order mailed by USPS to CT Corporation System, 5601 South 59th Street, Lincoln, NE 68516.) (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STUART SOMLAR,

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Plaintiff,
v.
NELNET, INC.,
Defendant,

No. 4:16-CV-1037 AGF

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for default judgment. The Court is
unsure whether defendant has been properly served. Therefore, the Court will order the Clerk to
serve process on defendant’s Registered Agent.
Rule 4(h) of the Federal Rules of Civil Procedure provides:
Unless federal law provides otherwise or the defendant's waiver has been filed, a
domestic or foreign corporation, or a partnership or other unincorporated
association that is subject to suit under a common name, must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for
serving an individual; or
(B) by delivering a copy of the summons and of the
complaint to an officer, a managing or general
agent, or any other agent authorized by appointment
or by law to receive service of process and--if the
agent is one authorized by statute and the statute so
requires--by also mailing a copy of each to the
defendant . . .
Summons was served on Wendy Beck, Director of [unintelligible] Services. It is not
clear, therefore, whether Ms. Beck is an officer authorized to receive service of process.

According to the Nebraska Secretary of State’s website,1 the Registered Agent for
defendant is CT Corporation System, 5601 South 59th Street, Lincoln, NE 68516. The Court
will therefore order the Clerk to issue process on CT Corporation System to ensure that
defendant is properly served.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to serve process on CT
Corporation System, 5601 South 59th Street, Lincoln, NE 68516.
IT IS FURTHER ORDERED that the Court will hold plaintiff’s motion for default
judgment in abeyance pending the resolution of this matter.
Dated this 31st day of August, 2016.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

1

https://www.nebraska.gov/sos/corp/corpsearch.cgi (accessed on August 31, 2016).
2