Opinion
Case No. 2:13-CV-41
01-30-2013
MEMORANDUM DECISION AND
ORDER GRANTING EX PARTE
MOTION FOR ALTERNATIVE
SERVICE: DEFENDANT DONALD
HERMANN
This matter comes before the Court on Plaintiffs' Ex Parte Motion for Alternative Service. Pursuant to Fed. R. Civ. P. 4(e)(1), the Court may allow service of process as allowed by the law of Utah. The Court finds that under the circumstances of this case, Rule 4(d)(4)(a) of the Utah Rules of Civil Procedure allows service of process by publication or by some other means. Having considered Plaintiff's Motion and finding it appropriate, the Motion is hereby GRANTED, with the following requirements:
Plaintiffs may serve Defendant Donald Hermann by (1) mailing, via first class mail, postage prepaid, copies of the Summons, Complaint, Motion for Temporary Restraining Order and Notice of Hearing on Motion for Temporary Restraining Order, together with this Order, to Mr. Hermann at his parents' address: 2412 West 1500 North, Vernal, Utah 84078, and (2) email copies of these documents to Mr. Hermann's last known email address: rmprospects@gmail.com. Service shall be deemed completed once Plaintiffs have filed proof of service with the Court.
SO ORDERED.
BY THE COURT:
________________________
TED STEWART
United States District Judge