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Cole Asia Business Center, Inc., A Philippines Corporation v. Robert D. Manning

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 16, 2012

COLE ASIA BUSINESS CENTER, INC., A PHILIPPINES CORPORATION, PLAINTIFF,
v.
ROBERT D. MANNING, AN INDIVIDUAL; DEBTORWISE FOUNDATION, A DELAWARE CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

O

ORDER DENYING COUNTER-DEFENDANT'S MOTION TO QUASH SERVICE OF PROCESS [Docket No. 35]

Presently before the court is Counter-Defendant Access Counseling Inc.'s Motion to Quash Service of Process ("Motion"). Having reviewed the parties' moving papers, the court DENIES the Motion and adopts the following Order.

As set forth in the Proof of Service and Affidavit of Reasonable Diligence on file with the court, the process server brought the relevant documents to Counter-Defendant's business address - also the address of record for Counter-Defendant's counsel in this action - on April 11, 2012. Security then contacted Muriel Senteno, who - after being informed of the "documents for service and the parties being served" - stated that "she was authorized to accept on behalf of the entities."

Under these circumstances, the court finds that service of process was properly made on an agent authorized to receive such service for Counter-Defendant. See Fed. R. Civ. P. 4(h)(1)(B); Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 688-89 (9th Cir. 1988). The court therefore DENIES Counter-Defendant's Motion to Quash.

IT IS SO ORDERED.

20120816

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