Pension Benefit Guaranty Corporation v. Jim Nemlowill Hay Contracting, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PENSION BENEFIT GUARANTY Case No.: 23-CV-334 JLS (MSB)
CORPORATION,
ORDER GRANTING PLAINTIFF’S
Plaintiff, MOTION FOR APPROVAL OF v. ALTERNATIVE SERVICE
JIM NEMLOWILL HAY
(ECF No. 3)
CONTRACTING, INC.,
16 Defendant. 17 18 19 20 Presently before the Court is Plaintiff Pension Benefit Guaranty Corporation’s (“Plaintiff” or “PBGC”) Motion for Approval of Alternative Service (“Mot.,” ECF No. 3). Plaintiff requests leave to make alternative service on Defendant Jim Nemlowill Hay Contracting, Inc. through the California Secretary of State. Mot. at 1. Pursuant to Federal Rule of Civil Procedure 4(h) a domestic corporation may be served “in the manner prescribed by Rule 4(e)(1) for serving an individual.” Federal Rule of Civil Procedure 4(e)(1), in turn, provides that an individual may be served by “following state law for serving a summons in an action brought in courts of…