Joe Hand Promotions, Inc. v. McFarland et al

Filing 11

MEMORANDUM AND ORDER: The Plaintiff's request for order authorizing substitute service (Filing No. 10 ) will be granted, with some modifications in accordance with Nebraska law. The deadline for completing service in accordance with the terms o f this order is May 28, 2013. On or before June 5, 2013, the plaintiff shall file a certificate of service setting forth the date and manner of service on the defendants, or show cause why it cannot do so, in the absence of which this case will again be subject to dismissal for want of prosecution. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOE HAND PROMOTIONS, INC.,
Plaintiff,

4:12CV3198

vs.
MEMORANDUM AND ORDER
ANITA K. MCFARLAND, Individually,
and as an officer, director, shareholder
and/or principal of Bugeater Investments,
Inc.; BRYAN A. MCFARLAND,
Individually, and as an officer, director,
shareholder and or principal of Bugeater
Investments. Inc; and BUGEATER
INVESTMENTS, INC., Individually, and
as an officer, director, shareholder, and/or
principal d/b/a The Watering Hole;
Defendants.
Upon review of Plaintiff’s response, (Filing No. 10), to the court’s show cause
order, the court finds the Plaintiff has made a good faith attempt at service of process, has
diligently attempted to serve Defendants, and its failure to effectuate service thus far is
through no fault of its own. Plaintiff has shown good cause to justify an extension to the
120-day deadline for service of process provided for in Rule 4(m) of the Federal Rules of
Civil Procedure.
Accordingly,
IT IS ORDERED that the Plaintiff’s request for order authorizing substitute
service (Filing No. 10) will be granted, with some modifications in accordance with
Nebraska law, as follows:
1)

The plaintiff is granted leave to serve Defendants Bryan A. McFarland and
Anita K. McFarland by:
a.

leaving a copy of the Summons and Complaint with any person in
charge at the Establishment located at 1550 S. Coddington Ave,
Suite P, Lincoln, NE 68522; and

b.

c.

2)

delivering a copy of the Summons and Complaint, or if unable to
deliver to a person, affixing a true copy of the Summons and
Complaint to the door, at Defendants’ last known residence; and
forwarding a copy of the Summons and Complaint by FIRST
CLASS mail to Defendants Bryan A. McFarland and Anita K.
McFarland at Defendants’ last known address, 762 W. Lakeshore Ct,
Lincoln, Nebraska 68528.

The plaintiff is granted leave to serve Defendant Bugeater Investments, Inc.
by:
a.
b.

3)

FIRST CLASS mail; and
leaving a copy of the Summons and Complaint with any person in
charge at the Establishment located at 1550 S. Coddington Ave,
Suite P, Lincoln, NE 68522.

The deadline for completing service in accordance with the terms of this
order is May 28, 2013. On or before June 5, 2013, the plaintiff shall file a
certificate of service setting forth the date and manner of service on the
defendants, or show cause why it cannot do so, in the absence of which this
case will again be subject to dismissal for want of prosecution.

April 8, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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