Paisano Capital SA de CV d/b/a Productos Paisano v. Global Produce Trade Inc

S.D. Texas

Paisano Capital SA de CV d/b/a Productos Paisano v. Global Produce Trade Inc

DecidedApril 28, 2022

Docket4:17-cv-03015

StatusUnknown

This text of Paisano Capital SA de CV d/b/a Productos Paisano v. Global Produce Trade Inc (Paisano Capital SA de CV d/b/a Productos Paisano v. Global Produce Trade Inc) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Paisano Capital SA de CV d/b/a Productos Paisano v. Global Produce Trade Inc, (S.D. Tex. 2022).

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IN THE UNITED STATES DISTRICT COURT April 28, 2022 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

PAISANO CAPITAL SA DE CV d/b/a, § PRODUCTOS PAISANO § § Plaintiff, § § VS. § CIVIL ACTION NO. H-17-3015 § GLOBAL PRODUCE TRADE, INC., et al., § § Defendants. §

ORDER The defendants, Global Produce Trade, Inc., Global Produce International LLC, GP International, Inc., Artemisa P. McLeod, and Connor McLeod, move to vacate the entry of judgment against them based on improper service under Federal Rule of Civil Procedure 60(b)(4). (Docket Entry No. 39). The plaintiff did not respond to the motion. The court entered default judgment against the defendants on June 17, 2019. (Docket Entry No. 31). The defendants argue that they were never properly served under Federal Rule of Civil Procedure 4. The proofs of service show that the plaintiff attempted service at 720 Rusk #422, Houston, Texas on November 27 and 29, 2017. The summons do not name an individual who was served. The defendants explain that the address was no longer in use by any party after July 2017, and it was never a dwelling or usual place of abode for Artemisa and Connor McLeod. GP Produce International was registered at 720 Rusk Street, but stopped using the address after July 2017. GP Trade is a California corporation, that has not done business in Texas, and did not have an office in Texas. The defendants were not served individually or through an agent or officer, so the court did not have jurisdiction over them. A Rule 60(b)(4) motion allows a party to receive relief from a final judgment, order, or proceeding if the underlying judgment is void. Goetz v. Synthesys Techs., Inc., 415 F.3d 481, 483 (Sth Cir. 2005). “When a district court lacks jurisdiction over a defendant because of improper service of process, the default judgment is void and must be set aside under Federal Rule of Civil Procedure 60(b)(4). Rogers v. Hartford Life & Accident Ins. Co., 167 F.3d 933, 940 (Sth Cir. 1999). The motion to void the default judgment, (Docket Entry No. 39), is granted, and the default judgment (Docket Entry No. 31), is vacated. SIGNED on April 28, 2022, at Houston, Texas. !

Lee H. Rosenthal Chief United States District Judge

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IN THE UNITED STATES DISTRICT COURT April 28, 2022 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

PAISANO CAPITAL SA DE CV d/b/a, § PRODUCTOS PAISANO § § Plaintiff, § § VS. § CIVIL ACTION NO. H-17-3015 § GLOBAL PRODUCE TRADE, INC., et al., § § Defendants. §

ORDER The defendants, Global Produce Trade, Inc., Global Produce International LLC, GP International, Inc., Artemisa P. McLeod, and Connor McLeod, move to vacate the entry of judgment against them based on improper service under Federal Rule of Civil Procedure 60(b)(4). (Docket Entry No. 39). The plaintiff did not respond to the motion. The court entered default judgment against the defendants on June 17, 2019. (Docket Entry No. 31). The defendants argue that they were never properly served under Federal Rule of Civil Procedure 4. The proofs of service show that the plaintiff attempted service at 720 Rusk #422, Houston, Texas on November 27 and 29, 2017. The summons do not name an individual who was served. The defendants explain that the address was no longer in use by any party after July 2017, and it was never a dwelling or usual place of abode for Artemisa and Connor McLeod. GP Produce International was registered at 720 Rusk Street, but stopped using the address after July 2017. GP Trade is a California corporation, that has not done business in Texas, and did not have an office in Texas. The defendants were not served individually or through an agent or officer, so the court did not have jurisdiction over them. A Rule 60(b)(4) motion allows a party to receive relief from a final judgment, order, or proceeding if the underlying judgment is void. Goetz v. Synthesys Techs., Inc., 415 F.3d 481, 483 (Sth Cir. 2005). “When a district court lacks jurisdiction over a defendant because of improper service of process, the default judgment is void and must be set aside under Federal Rule of Civil Procedure 60(b)(4). Rogers v. Hartford Life & Accident Ins. Co., 167 F.3d 933, 940 (Sth Cir. 1999). The motion to void the default judgment, (Docket Entry No. 39), is granted, and the default judgment (Docket Entry No. 31), is vacated. SIGNED on April 28, 2022, at Houston, Texas. !

Lee H. Rosenthal Chief United States District Judge

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