Opinion
No. 04 Civ. 4194 (LAK).
September 30, 2005
ORDER
Defendants move on several for an order, pursuant to Fed.R.Civ.P. 55(c) and 60(b), to set aside the Court's September 24, 2004 order, which found the defendants in default for failing to answer or move within the time limit described in Fed.R.Civ.P. 12(a)(1) or for other relief. In a typically comprehensive report and recommendation, dated September 8, 2005, Magistrate Judge Henry B. Pitman recommended, inter alia, that the motion be granted on the ground that the Court lacks personal jurisdiction over the defendants by reason of insufficient service of process and that the action be dismissed without prejudice.
In objections dated September 26, 2005, plaintiff objects to the report and recommendation in minor part, but agrees that the default should be vacated and defendants allowed to appear and defend.
The Court declines to enter the thicket that surrounds the question whether the service of process on the defendants complied in all respects with the relevant provisions of New York law. The defendants now have appeared by counsel. There is no objection to the vacatur of the default. Accordingly, defendants' motion is granted to the extent that the defendants' default is set aside. Defendants shall answer or move with respect to the complaint within 20 days of the date of this order.
SO ORDERED.