Universa Investments L.P. v. Alexander Borodich, an individual, and Universa Corporation, Ltd.

Summary

The United States District Court for the Southern District of Florida adopted a magistrate judge’s report and recommendation granting Defendants’ motion to vacate under Federal Rule of Civil Procedure 60(b)(4). The court vacated the clerk’s default and final default judgment and ordered Plaintiff to properly serve Defendants within 90 days.

Holdings

1. Specific objections to a magistrate judge's report and recommendation receive de novo review, while unobjected-to portions are reviewed for clear error.
2. The Rule 60(b)(4) motion is granted, and the Clerk's Default and Final Default Judgment are vacated.
3. Plaintiff must properly effectuate service on Defendants within ninety days of the order.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation concerning Defendants' Rule 60(b)(4) motion.
2. Whether the Clerk's Default and Final Default Judgment should be vacated.
3. What service-related action Plaintiff must take after the default and judgment are vacated.

Disposition

vacated