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Presumption of service in plaintiff's suit against a guarantor
Relational, LLC v. Hodges, 09-3625, concerned a challenge to the district court's denial of defendant's motion to vacate a default judgment entered in favor of the plaintiff, in plaintiff's suit against a guarantor for failing to pay $750,000 of debt that his company owed to plaintiff.
In affirming, the court held that the district court was well within its discretion to deny defendant's Rule 60(b)(4) motion to vacate the default judgment because the return of service and original affidavit plaintiff offered were sufficient to discharge its prima facie burden and the district court was correct in concluding that defendant failed to rebut, by strong and convincing evidence, the presumption of service.
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