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

Filing 44

ORDER entered GRANTING 39 MOTION to Set Aside and Void Judgement as to 31 Default Judgment, MOTION for Relief from Judgment. The default judgment is vacated. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Case 4:17-cv-03015 Document 44 Filed on 04/28/22 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PAISANO CAPITAL SA DE CV d/b/a,
PRODUCTOS PAISANO
Plaintiff,
VS.
GLOBAL PRODUCE TRADE, INC., et al.,
Defendants.

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April 28, 2022
Nathan Ochsner, Clerk

CIVIL ACTION NO. H-17-3015

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.

Case 4:17-cv-03015 Document 44 Filed on 04/28/22 in TXSD Page 2 of 2

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
(5th 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 (5th 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.

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Lee H. Rosenthal
Chief United States District Judge

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