The opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________
)
MICHAEL R. FANNING, as Chief )
Executive Officer of the Central )
Pension Fund of the International )
Union of Operating Engineers and )
Participating Employers, )
)
Plaintiff, )
)
v. ) Civil Action No. 13-CV-0865(KBJ)
)
C&L SERVICE CORPORATION, )
)
Defendant. )
)
_________________________________ )
MEMORANDUM ON
NOTICE OF REGISTERED AGENT
Plaintiff has filed a notice (Notice of Registered Agent, “Notice,” ECF No. 8)
regarding Edward S. Garcia, Jr., the registered agent to whom the Fund had been
directing service of process. (See, e.g., Return of Service/Affidavit, ECF No. 3, ¶ 2
(indicating that the summons and complaint were served on C&L’s registered agent,
Edward S. Garcia, Jr.).) Plaintiff attached to that Notice a print-out from the website of
the Virginia State Corporation Committee (“SCC”), which identified Mr. Garcia as the
registered agent for C&L but noted that his “status” was “resigned” as of August 25,
2013. (SCC Business Entity Details for C&L, ECF No. 8-1, at 1.) Plaintiff also
included a September 9, 2013, letter from Mr. Garcia indicating that his firm “neither
represents [C&L], nor does it serve as registered agent or registered office for said
corporation.” (Letter of Edward S. Garcia, Jr., ECF No. 8-1, at 3.) Plaintiff also
attached a letter from Mr. Hopp, Plaintiff’s counsel, to Mr. Garcia, in which Mr. Hopp
maintains that under Virginia law, Mr. Garcia’s “obligations [as registered agent]
continue” until a new registered agent is recorded with the SCC. (Letter of R. Richard
Hopp, ECF No. 8-1, at 2.)
Whether or not Mr. Garcia is still bound to serve as C&L’s process server at this
time is of no consequence to the motion for default judgment, which the Court has
granted by separate order. (ECF No. 10.) For one thing, Mr. Garcia was the registered
agent for C&L when the Fund filed and served the complaint (June 10, 2013) and the
affidavit requesting default (August 20, 2013). (ECF Nos. 1, 4.) Mr. Garcia was also
the registered agent when the Clerk of the Court entered default as to C&L (August 21,
2013). (See ECF No. 5.) Moreover, C&L also served the request for default and
motion for default judgment on Barbara L. Moore, who communicated directly with
Plaintiff’s counsel, Mr. R. Richard Hopp, to indicate that C&L was aware of the
pending default and had been discussing the matter with C&L’s attorney. (Hopp. Decl.
¶ 6; see also Hopp & Moore Emails, Ex. C to Hopp. Decl., App. 25-28.) Thus, whether
or not Mr. Garcia remains the registered agent for C&L at this time, the Court is
satisfied that the Fund properly served C&L during the course of this litigation.
Date: September 13, 2013 Ketanji Brown Jackson
KETANJI BROWN JACKSON
United States District Judge
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