Smith v. Gurstel Chargo, PA, et al

Filing 45

ORDER - The bond requirement set forth in the court's June 5, 2015, Order (Filing No. 40 ) is lowered to $50,000. The bond shall be obtained at the direction of the defendant by Renkim, the company engaged by the defendant to resend ch ecks, letters, and claim forms to affected individuals in this matter. Renkim voluntarily submits to the jurisdiction of this court for the purposes of carrying out the terms of this Order only. The defendant shall ensure Renkim secures the bond. In the event Renkim is unable to secure the bond, defendants counsel shall notify plaintiffs counsel, and all counsel shall file a joint report so that the court can make additional appropriate orders. The bond shall secure the performance of Ren kim, as agent for the defendant, of the actions set forth in the Stipulation for Approval of Additional Notice and Reissuance of Checks to Certain Class Members dated June 10, 2015, and approved by the court on June 11, 2015, but shall in no event expire before January 1, 2016. The proof of performance bond will be provided by Renkim to the defendant to be filed with this court on or before June 29, 2015. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARY D. SMITH, on behalf of himself
and all others similarly situated,
8:14CV183
Plaintiff,
vs.

ORDER

GURSTEL CHARGO, PA,
Defendant.
This matter is before the court following a telephone conference on June 17,
2015. O. Randolph Bragg, Pamela A. Car, and William L. Reinbrecht appeared for
plaintiff and the class, and Amy L. Van Horne and Manuel H. Newburger appeared for
defendant. The court heard arguments and assessed the difficulties the defendant and
Renkim Corporation (“Renkim”) have encountered in securing a bond in compliance
with the court’s June 5, 2015, Order (Filing No. 40), and modified by Text Order on June
11, 2015 (Filing No. 43). Upon consideration,

IT IS ORDERED:
1.

The bond requirement set forth in the court’s June 5, 2015, Order (Filing

No. 40) is lowered to $50,000.
2.

The bond shall be obtained at the direction of the defendant by Renkim,

the company engaged by the defendant to resend checks, letters, and claim forms to
affected individuals in this matter.
3.

Renkim voluntarily submits to the jurisdiction of this court for the purposes

of carrying out the terms of this Order only.
4.

The defendant shall ensure Renkim secures the bond.

In the event

Renkim is unable to secure the bond, defendant’s counsel shall notify plaintiff’s counsel,
and all counsel shall file a joint report so that the court can make additional appropriate
orders.
5.

The bond shall secure the performance of Renkim, as agent for the

defendant, of the actions set forth in the Stipulation for Approval of Additional Notice

and Reissuance of Checks to Certain Class Members dated June 10, 2015, and
approved by the court on June 11, 2015, but shall in no event expire before January 1,
2016.

The proof of performance bond will be provided by Renkim to the

defendant to be filed with this court on or before June 29, 2015.

Dated this 23rd day of June, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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