United States Ninth Circuit

A defendant moving to vacate a default judgment based on improper service of process, where the defendant had actual notice of the original proceeding but delayed in bringing the motion until after entry of default judgment, bears the burden of proving that service did not occur. Further, a signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence.

Appellate Information

• Argued 11/08/2007
• Decided 12/11/2007
• Published 12/11/2007

Judges

• TALLMAN, Circuit Judge:, Before:  SIDNEY R. THOMAS, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David C. Amesbury (argued), Sandra L. Stewart, Amesbury & Schutt, Las Vegas, NV, for the appellant.


• For Appellees:
  
• Brian G. Cartwright, Jacob H. Stillman, Susan S. McDonald (argued), Securities and Exchange Commission, Washington, D.C., for the appellee.