IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division AMERICAN ARMED FORCES MUTUAL ) AID ASSOCIATION, ) Plaintiff, ) ) v. ) Civil Action No. 3:25CV972 (RCY) ) NATALIA LOPEZ, et al., ) Defendants. ) _________________________________) MEMORANDUM ORDER This matter is before the Court on Plaintiff’s Motion for Leave to Serve Defendant Natalia Lopez by Alternative Means and for Extension of Time to Serve (“Motion for Alternative Service and Extension,” ECF No. 13). In its Memorandum in Support thereof, Plaintiff explains that it has diligently attempted to locate Defendant Natalia Lopez (“Ms. Lopez”) for service without effect. Mem. Supp. Mot. Alt. Serv. 1. Specifically, Plaintiff retained a process server; repeatedly attempted personal service at Ms. Lopez’s last known residence; conducted public record investigations to confirm contact information; and reached out to Ms. Lopez multiple times using the telephone number she previously provided to Plaintiff. Id. at 12. Notwithstanding these efforts, Plaintiff has been unable to locate Ms. Lopez or otherwise effect service. Id. As a result, Plaintiff seeks authorization to effectuate service as to Ms. Lopez by publication in the Richmond Times Dispatch and the Hawaii Tribune-Herald, as well as via email using an email address Ms. Lopez provided to Plaintiff and which she has used in connection with the insurance claims at issue. Id. at 2. Plaintiff seeks an additional two months to serve Ms. Lopez by way of the proposed means of alternative service. Id. For the reasons stated herein, the Motion will be granted. The Federal Rules of Civil Procedure authorize service of process on an individual in a manner consistent with state rules for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made. Fed. R. Civ. P. 4(e)(1). Here, of course, the Court is located in Virginia. Ms. Lopez’s last known residence is located in Mountain View, Hawaii. Mem. Supp. Mot. Alt. Serv. 4. Virginia Code § 8.01-296 instructs that service by order of publication is appropriate if service cannot be effectuated by personal delivery to the party; substituted service of a person found at the party’s usual place of abode; or substituted service by posting of process at the front door of the party’s usual place of abode, combined with subsequent mailing of process.1 Here, the Court understands that Plaintiff retained a professional process server who twice attempted to serve Ms. Lopez at her last known residential address. Id. at 1, 5. Plaintiff’s process server reported that the property is “gated in a matter that prevented access to the residence.” Id. at 5. Upon the second attempt at service, Plaintiff’s process server encountered an unidentified male who stated that Ms. Lopez did not live at the residence and then proceeded to call the process server a variety of derogatory names and otherwise behave in a threatening manner. Id. As a result, Plaintiff’s process server became unwilling to make subsequent attempts to serve Ms. Lopez at her last known residence. Id. The Court is in receipt of a declaration2 by Jeffrey J. Golimowski, counsel of record for Plaintiff, certifying that Plaintiff has not been able to effectuate service on Ms. Lopez “[d]espite exhaustive efforts” and diligent attempts to ascertain her location. Id. at Ex. 1 ¶¶ 9, 33. In light of the declaration by Plaintiff’s counsel and Plaintiff’s representations in its briefing of the instant motion, the Court is satisfied that Plaintiff’s multiple service attempts, telephonic outreach, and other investigative efforts do in fact demonstrate Plaintiff’s diligent service efforts. The Court FINDS this to be a proper case for notice by electronic means given that Ms. Lopez provided Plaintiff with the proposed email address and utilized that same email address in prior correspondence with Plaintiff about the insurance claims at issue. Mem. Supp. Mot. Alt. Serv. 3, 10. Such electronic notice is reasonably calculated to apprise Ms. Lopez of the pendency of the action and afford her an opportunity to present her objections. See VA Code § 8.01-317. Further, finding that Plaintiff has demonstrated good cause for its failure to serve Ms. Lopez within 90 days of filing its Complaint, the Court will reasonably extend the time for service. See Fed. R. Civ. P. 4(m). Accordingly, the Court GRANTS the Motion for Alternative Service and Extension (ECF No. 13) and hereby ORDERS as follows: 1. Defendant Natalia Lopez SHALL make an appearance in this matter on or before May 15, 2026, or otherwise waive her interests in the underlying interpleaded funds. 2. The Clerk is DIRECTED to post this Order and the Notice of Filing of Complaint in Interpleader Against Natalia Lopez (“Notice,” ECF No. 13, Attach. 1) at the United States District Court, Eastern District of Virginia, Richmond Division, within twenty(20)days of the entry of this Order, where it is to remain until April 24, 2026. 3. The Clerk is DIRECTED to mail this Order and the Notice to Natalia Lopez at her last known address: 18-4180 Lehuanani St., Mountain View, HI 96771. 4. Plaintiff SHALL email the summons and Complaint in this matter along with this Order and the Notice to lopeznatalia@aol.com on or before April 24, 2026. 5. Plaintiff SHALL transmit this Order and the Notice to both the Richmond Times-Dispatch and the Hawaii Tribune-Herald pursuant to VA Code § 8.01-317 such that this Order and the Notice are published therein once per week for four successive weeks. 6. Plaintiff SHALL file an affidavit or declaration certifying its compliance with this Order on or before April 24, 2026. Let the clerk file this Order electronically, notifying counsel of record accordingly. It is so ORDERED. /s/ Roderick C. Young United States District Judge Date: February 25, 2026 Richmond, Virginia _______________________ 1 These manners of service are not interchangeable but rather a progressive series of methods to be attempted, in order, by the party seeking to serve a natural person before service by order of publication is appropriate. VA Code §8.01-296. 2 Although VA Code § 8.01-296(A)(1) contemplates submission of an affidavit by the party seeking service, the Court accepts Plaintiff’s declaration, made under penalty of perjury, by an attorney with an independent obligation of candor to the Court, as a satisfactory substitute. See Soutter v. Equifax Information Services LLC, 299 F.R.D. 126, 128 n.4 (E.D. Va. 2014)(“The terms ‘declaration’ and ‘affidavit’ are used interchangeably in common parlance and in case law as well. An affidavit is made under oath; a declaration is not sworn, but is subject to the penalty of perjury.”). IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division American Armed Forces Mutual Aid | Association, | | Plaintiff, | | Case No. 3:25-cv-972-RCY v. | | Natalia Lopez, Andrea Fitzmaurice Benson, | Mateo R. Lopez, | | _____Defendants. ____________________ | NOTICE OF FILING OF COMPLAINT IN INTERPLEADER AGAINST NATALIA LOPEZ On November 25, 2025, Plaintiff American Armed Forces Mutual Aid Association (“AAFMAA”) filed the instant interpleader action against Defendants Natalia Lopez (“Natalia”), Andrea Fitzmaurice Benson (“Andrea”), and Mateo R. Lopez (“Mateo”) (collectively, “Defendants”) to resolve competing claims to the death-benefit proceeds of eighteen AAFMAA contracts (the “Contracts”) owned by Lieutenant Colonel (U.S. Army, Retired) Ramon R Lopez at the time of his death. The following Contracts are at issue: (1) T-35949XOL; (2) 35949-2; (3) 35949-3; (4) 35949-4; (5) 35949-5; (6) 35949-6; (7) 35949-7; (8) 35949-8; (9) 35949-9; (10) 220697-2; (11) 220697-3; (12) 220697-4; (13) 220697-5; (14) 220697-6; (15) 220697-7; (16) 220697-8; (17) 220697-9; (18) 229578-1. The proceeds for the Contracts are approximately $364,765.40 with accrued interest through November 7, 2025 of approximately $37,060.17 for a total of approximately $401,825.57. Natalia Lopez is currently listed as the primary beneficiary to the Contracts. However, there is a dispute as to the proper beneficiary/beneficiaries under the Contracts. Accordingly, Andrea and Mateo have requested that AAFMAA not distribute the proceeds of the Contracts until the rightful beneficiary or beneficiaries of the Contracts is/are determined by agreement of Natalia, Andrea, and Mateo or by the Courts of Virginia. In the complaint, AAFMAA requests: (a) that Defendants be required to Interplead together their conflicting ownership claims to the Contracts; (b) that Defendants be restrained and enjoined from instituting or prosecuting any action or proceeding in any State or United States Court affecting the Contracts; (c) that the Court enter an Order granting AAFMAA’s forthcoming Motion for Interpleader of Proceeds, Discharge, Dismissal With Prejudice, And Attorney’s Fees And Costs regarding AAFMAA’s contractual obligations due under the Contracts; (d) that the Court enter a Declaratory Judgment awarding ownership of the proceeds payable under the Contracts and the rights thereto to the rightful beneficiary or beneficiaries of the Contracts; (e) that AAFMAA is released and discharged from all liability to any party to this action on account of the matters relating to the Contracts; (f) that AAFMAA be awarded its reasonable costs and attorney’s fees from the proceeds payable under the Contracts; and (g) that the Court grant such other and further relief at law and in equity to which AAFMAA may be justly entitled. TO: Natalia M. Lopez whose last known address was at 18-4180 Lehuanani St., Mountain View HI 96771. YOU HAVE BEEN SUED IN COURT. If you wish to defend, you must enter a written appearance personally or by an attorney and file your defense or objections in writing with the Court on or before May 15, 2026. On or before that date, you must appear and file an Answer to the Complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the Plaintiff’s attorney, whose name and address is: Jeffrey Golimowski WOMBLE BOND DICKINSON (US) LLP 83250 Broad Street, Suite 1500 Tysons, VA 22102 Telephone: (703)394-2275 Email: jeff.golimowski@wbd-us.com You are warned that if you fail to appear on or before May 15, 2026, the case may proceed without you and a judgment for the relief requested by the Plaintiff may be entered against you without further notice. You may lose money, property, or other rights important to you. (HTH1522461 3/13, 3/20, 3/27, 4/03/26)