Relational LLC v. Hodges

Dist. Ct did not err in denying defendant’s Rule 60(b)(4) motion to vacate default judgment even though defendant argued that Dist. Ct. lacked personal jurisdiction over him where defendant claimed that he was never served with complaint when he resided in United Kingdom. Plaintiff produced return of service identifying defendant and noting when and where defendant was served with complaint, and Dist. Ct. could properly find that defendant had failed to rebut instant presumption of service (and was otherwise not credible) where record showed that defendant had made several attempts to evade service, and where defendant could not rule out possibility that he was served with complaint at time and place specified in return of service.