Henggeler v. Brumbaugh & Quandahl, P.C., LLO et al

Filing 21

ORDER - The Plaintiffs' Motion for Leave to Obtain Service on Defendant Kirk E.Brumbaugh Pursuant to Fed. R. Civ. P. 4(e)(1) (Filing No. 19 ) is granted. The plaintiffs may attempt service of the First Amended Complaint on Kirk E. Brumbaugh at his usual place of residence by leaving a copy at the defendant's residence, and mailing a copy via first class mail to his place of residence. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHARON K. HENGGELER and
DAVID RANDALL, On behalf of
themselves and all others similarly
situated,
Plaintiffs,
vs.
BRUMBAUGH & QUANDAHL
P.C., LLO, KIRK E. BRUMBAUGH,
MARK QUANDAHL,
LIVINGSTON FINANCIAL, LLC,
MIDLAND FUNDING, LLC, d/b/a
ENCORE FUNDING, LLC,
A Fictitious Name, and
LVNV Funding, LLC,
Defendants.

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8:11CV334

ORDER

This matter is before the court on the Plaintiffs’ Motion for Leave to Obtain Service
on Defendant Kirk E. Brumbaugh Pursuant to Fed. R. Civ. P. 4(e)(1) (Filing No. 19). The
plaintiffs filed a declaration (Filing No. 20) in support of the motion. The plaintiffs seek to
use the procedure set forth in Neb. Rev. Stat. § 25-517.02(1) to obtain service on the
defendant Kirk E. Brumbaugh. The court being fully advised in the premises finds that the
motion should be granted.
IT IS ORDERED:
1.

The Plaintiffs’ Motion for Leave to Obtain Service on Defendant Kirk E.

Brumbaugh Pursuant to Fed. R. Civ. P. 4(e)(1) (Filing No. 19) is granted.
2.

The plaintiffs may attempt service of the First Amended Complaint on Kirk

E. Brumbaugh at his usual place of residence by leaving a copy at the defendant’s
residence, and mailing a copy via first class mail to his place of residence.
Dated this 25th day of October, 2011.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge