Boggs v. Darr

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a legal malpractice action based on diversity of citizenship jurisdiction. Plaintiff, a Kansas resident, contends that defendant, a Colorado resident, negligently failed to institute a lawsuit on his behalf. Plaintiff served the defendant by first class mail as provided by Fed.R.Civ.P. 4(e)(2)(C)(ii). This matter is presently before the court upon defendant’s motion to dismiss or quash service of process.

The parties appear to agree that Kansas law does not allow service by mail under the circumstances of this case. The question presented here…