Ravi Kadiyala, individually, and as the assignee of Credit Union Mortgage Utility Banc, Inc. v. Mark John Pupke, et al.

Summary

The United States District Court for the Southern District of Florida adopts a magistrate judge’s report and recommendation and denies defendants’ motion under Federal Rule of Civil Procedure 60(b)(6) to vacate the plaintiffs’ judgment. The court concludes that the motion was untimely and that defendants failed to establish fraud on the court or extraordinary circumstances warranting relief.

Holdings

1. Specific objections to a magistrate judge's report and recommendation receive de novo review, while portions to which no specific objection is made are reviewed for clear error.
2. Defendants were not entitled to vacatur of the plaintiffs' judgment because the motion was untimely and, even if timely, defendants failed to establish fraud on the court or extraordinary circumstances warranting relief.

Questions Presented

1. What standard of review governs a district court's consideration of objections to a magistrate judge's report and recommendation?
2. Whether defendants' Rule 60(b)(6) motion to vacate the plaintiffs' judgment should be granted.

Disposition

other