1:18-cv-24286•Universa Investments L.P. v. Borodich et al
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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 18-cv-24286-DPG/DSW UNIVERSA INVESTMENTS L.P., Plaintiff, v. ALEXANDER BORODICH, and UNIVERSA CORPORATION LTD. Defendants. _____________________________________/ REPORT AND RECOMMENDATION ON DEFENDANTS’ MOTION TO VACATE FINAL DEFAULT JUDGMENT THIS CAUSE is before the Court on the Motion to Vacate Under Federal Rule of Civil Procedure 60(b)(4) and Incorporated Memorandum of Law (the “Motion”), and an accompanying declaration, filed by Defendants Alexander Borodich (“Borodich”) and Universa Corporation Ltd. (“Universa Corp,” and, collectively with Borodich, “Defendants”) [ECF Nos. 35, 35-1]. This case was referred to the undersigned by the Honorable Darrin P. Gayles, United States District Judge, for ruling on all pretrial non-dispositive matters and a report and recommendation on all dispositive matters [ECF No. 41]. Plaintiff Universa Investments L.P. (“Universa”) filed a Response and supporting declaration, [ECF Nos. 39, 39-1]. Defendants did not file a Reply. Upon consideration of Defendants’ Motion and supporting declaration, Plaintiff’s Response and supporting declaration, and a review of the record, the undersigned respectfully recommends that Defendants’ Motion be GRANTED, as set forth below. I. BACKGROUND Defendants contend that the Final Default Judgment, [ECF No. 20], is void and should be vacated under Federal Rule of Civil Procedure 60(b)(4) for insufficient service of process and lack Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 1 of 13
2 of subject matter and personal jurisdiction. See generally [ECF No. 35]. Plaintiff initiated this action in October 2018 asserting claims under the Lanham Act arising from Defendants’ alleged use of the “UNIVERSA” name and related branding in connection with Defendants’ online activities and domain names. [ECF No. 1]. The dispute stems in part from trademark applications Borodich filed in early 2018 seeking to register “UNIVERSA” marks in the United States. [ECF No. 1 ¶ 13–15]. Plaintiff opposed the trademark applications at the U.S. Patent and Trademark Office (“USPTO”) before Defendants later withdrew the applications. [ECF No. 1 ¶ 16]. Plaintiff asserts that the Defendants continue to improperly use the UNIVERSA mark in connection with their business of providing blockchain software services and related financial services, in their domain name at www.universa.io, and in all their social media profiles. [ECF No. 1 ¶ 15]. In its Complaint, Plaintiff alleged that, upon information and belief, Defendant Borodich was a Russian citizen residing in the Russian Federation. [ECF No. 1 ¶ 2]. With respect to Defendant Universa Corp, Plaintiff alleged that its place of incorporation was unknown and that, upon information and belief, its principal office was in Lithuania. [ECF No. 1 ¶ 3]. Plaintiff sent the Summons and Complaint to Defendants via Federal Express International Priority to a Moscow address identified as Petrozavodskaya 24-1-56, Moscow, Russian Federation 125414. [ECF Nos. 10, 11]. This is the same address that Plaintiff contends Defendant Borodich provided to the USPTO in connection with his trademark application for the UNIVERSA mark at issue in this matter. [ECF No. 39 at 18]. Plaintiff also emailed “courtesy copies” of the Summons and Complaint to email addresses Plaintiff attributes to Borodich (alexander.borodich@gmail.com) and Universa Corp (support@universa.io). [ECF Nos. 10, 11, 39 at 5]. Defendants did not appear or respond to the Complaint. Plaintiff later sent follow-up emails to Defendants regarding their failure to appear. [ECF No. 39 at 5]. As a result of Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 2 of 13
3 Defendants’ failure to appear, Plaintiff obtained a Clerk’s default, [ECF Nos. 12, 13], and later moved for final default judgment. [ECF Nos. 16–18]. On February 26, 2019, the district court entered a Final Default Judgment and Permanent Injunction against Defendants (“Final Default Judgment”) [ECF Nos. 19, 20]. On March 22, 2024, Plaintiff filed a Motion to Enforce Final Default Judgment and Permanent Injunction (“Motion to Enforce”), in which it asserted that Defendants violated the Final Default Judgment. [ECF No. 22]. Plaintiff served the Motion to Enforce on Defendants by Courier Service Express, a Russian-based international courier service, with delivery confirmed, to the same Moscow address used to serve the Complaint. [ECF No. 25]. Plaintiff again provided courtesy copies of the motion papers to email addresses that it believed to be associated with Defendants. Id. at 4. Following a hearing held on December 12, 2024, at which Defendants did not appear, the district court entered an order granting Plaintiff’s Motion to Enforce. [ECF No. 30]. Defendants now contend the Final Default Judgment and any subsequent orders predicated upon it are void. Specifically, Defendants argue that Plaintiff’s attempted service of process on them in Russia via international courier service does not comply with Federal Rule of Civil Procedure 4(f) because Russia does not permit service by mail in international disputes. See [ECF No. 35 at 2–4]. Moreover, Defendants further contend that, at the time of alleged service, they were not present at, and did not have any connection to, the Russian address that Plaintiff used to serve them. Id.; see also [ECF No. 35-1 at 1–2]. Defendants also argue that Plaintiff was required to seek court authorization under Rule 4(f)(3) to effect “alternative service” on them. [ECF No. 35 at 4–8]. Plaintiff maintains that it properly served Defendants under Rule 4(f)(2)(A), which permits service “as prescribed by the foreign country’s law” when there is no internationally agreed means. Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 3 of 13
4 [ECF No. 39 at 12]. Plaintiff claims that it properly served Defendants via international courier service in Russia under Rule 4(f)(2)(A), without obtaining court permission under Rule 4(f)(3), because the Russian Federation does not acknowledge service of process under the Hague Convention, and because “service by mail is authorized by the Code of Civil Procedure of the Russian Federation, Articles 113 and 115.” See [ECF Nos. 10 and 11]. According to Defendants, however, Plaintiff relied on the wrong section of the Russian Code, because Article 11(4)—and not Article 113 or 115—governs here. See [ECF No. 35 at 7]. Defendants also argue that the Final Default Judgment violates due process because the district court did not obtain jurisdiction over them under Federal Rule Civil Procedure 4(k)(2). [ECF No. 35 at 10-11]. They also insist that the court’s exercise of jurisdiction over them does not comport with due process because they have no meaningful ties with the United States and have not purposefully availed themselves of the benefits of United States law. Id. at 11. Plaintiff responds that the court’s exercise of jurisdiction over Defendants comports with due process because (1) Defendants’ allegedly infringing conduct was directed at Plaintiff, a resident of this District, (2) Defendants sought protection of the United States’ trademark laws, (3) Defendants own and operate a website that is available in English in the United States by which they market their services to United States citizens, and (4) Defendants utilize the service of a domain registrar based in the United States. [ECF No. 39 at 19]. Defendants’ final claim is that the district court did not have subject matter jurisdiction under the Lanham Act, because the conduct that Plaintiff complains of here occurred “substantially” outside the United States, and the Lanham Act does not apply extraterritorially. [ECF No. 35 at 9–10]. Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 4 of 13
5 II. LEGAL STANDARD Federal Rule of Civil Procedure 60(b) allows a party to obtain relief from a final judgment under a limited set of circumstances, including if the judgment is void. A federal court must have both subject matter jurisdiction (the authority to decide the matter before it) and personal jurisdiction (the authority over the parties before it) before the court can enter final judgment. See Lightfoot v. Cendant Mortg. Corp., 580 U.S. 82, 95 (2017) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583–585 (1999)). “Without jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94 (1998) (quoting Ex parte McCardle, 74 U.S. 506 (1868)). A. Subject Matter Jurisdiction Federal question jurisdiction “enables federal courts to decide cases founded on federal law.” Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. 22, 26 (2025). “The Lanham Act explicitly provides federal courts with original jurisdiction over lawsuits alleging violations of its provisions. GS Holistic, LLC v. Tran, No. 8:22-CV-2518-KKM-CPT, 2025 WL 2230926, at *3 (M.D. Fla. July 2, 2025), report and recommendation adopted sub nom. GS Holistic, LLC v. Mellowmood Smokeshop, No. 8:22-CV-2518-KKM-CPT, 2025 WL 2229965 (M.D. Fla. Aug. 5, 2025) (citing 15 U.S.C. § 1121(a)). B. Personal Jurisdiction It is well established that “the issue of whether personal jurisdiction is present is a question of law,” and “[a]n in personam judgment entered without personal jurisdiction over a defendant is void as to that defendant.” Oldfield v. Pueblo De Bahia Lora, S.A., 558 F.3d 1210, 1217 (11th Cir. 2009) (quoting Sloss Indus. Corp. v. Eurisol, 488 F.3d 922, 924 (11th Cir. 2007)). “A plaintiff Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 5 of 13
6 seeking to establish personal jurisdiction over a nonresident defendant ‘bears the initial burden of alleging in the complaint sufficient facts to make out a prima facie case of jurisdiction.’” Louis Vuitton Malletier, S.A. v. Mosseri, 736 F.3d 1339, 1350 (11th Cir. 2013) (quoting United Techs. Corp. v. Mazer, 556 F.3d 1260, 1274 (11th Cir. 2009)). “Once the plaintiff pleads sufficient material facts to form a basis for in personam jurisdiction, the burden shifts to the defendant to challenge plaintiff’s allegations by affidavits or other pleadings.” Carmouche v. Carnival Corp., 36 F. Supp. 3d 1335, 1388 (S.D. Fla. 2014), aff’d sub nom. Carmouche v. Tamborlee Mgmt., Inc., 789 F.3d 1201 (11th Cir. 2015). A defendant challenging personal jurisdiction must present evidence to counter the plaintiff’s allegations. Internet Sols. Corp. v. Marshall, 557 F.3d 1293, 1295 (11th Cir. 2009). “Where . . . the Defendant submits affidavit(s) to the contrary, the burden traditionally shifts back to the plaintiff to produce evidence supporting jurisdiction.” Alston v. www.calculator.com, 476 F. Supp. 3d 1295, 1308 (S.D. Fla. 2020). Federal Rule of Civil Procedure 4(k)(2) concerns jurisdiction over federal claims that are outside state court jurisdiction. “To wield Rule 4(k)(2) against a foreign defendant, a plaintiff must show: (1) its claim ‘arises under federal law,’ (2) ‘the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction,’ and (3) ‘exercising jurisdiction is consistent with the United States Constitution and laws.’” Jekyll Island-State Park Auth. v. Polygroup Macau Ltd., 140 F.4th 1304, 1315 (11th Cir. 2025) (citations omitted). C. Service of Process “[I]nsufficient service of process under Rule 60(b)(4) implicates personal jurisdiction and due process concerns. Generally, where service of process is insufficient, the court has no power to render judgment, and the judgment is void.” In re Worldwide Web Sys., Inc., 328 F.3d 1291, 1299 (11th Cir. 2003). “Before a federal court may exercise personal jurisdiction over a defendant, Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 6 of 13
7 the procedural requirement of service of summons must be satisfied.” Schrier v. Qatar Islamic Bank, 632 F. Supp. 3d 1335, 1345 (S.D. Fla. 2022) (citing Omni Cap. Int’l v. Rudolf Wolff & Co., 484 U.S. 97, 104 (1987)). “In other words, ‘before a court may exercise personal jurisdiction over a defendant, there must be . . . a basis for the defendant’s amenability to service of summons. Absent consent, this means there must be authorization for service of summons on the defendant.’” Id. at 1345–46. Defendants are not required to litigate in federal court until they are officially notified by formal process of the action pending against them under a court’s authority. Prewitt Enters., Inc. v. Org. of Petroleum Exporting Countries, 353 F.3d 916, 925 (11th Cir. 2003). Federal Rule of Civil Procedure 4(f) governs service of process outside the United States. Under Rule 4(f)(2)(A), if there is no internationally agreed means of service, then a plaintiff may give notice “as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction.” The United States and Russia are both signatories to the Hague Convention.1 Because Plaintiff seeks to obtain personal jurisdiction over Defendants via service of process in Russia, the Hague Convention applies in this matter. Although Russia is a signatory, it refuses to transmit service of process through its Central Authority, as required under Hague Convention. See World Media All. Label, Inc. v. OOO "Izdatelstvo Jam", No. 20-21626-CV, 2020 WL 6781523, at *2 (S.D. Fla. June 4, 2020) (citing Kuklachev v. Gelfman, No. 08-CV-2214 (CPS), 2008 WL 5068860, at *2 (E.D.N.Y. Nov. 24, 2008)). And significantly, here, Russia objected to 1 See Status Table: Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, HCCH, https://www.hcch.net/en/instruments/conventions/status-table/?cid=17 (last visited Feb. 17, 2026) (listing current contracting states). Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 7 of 13
8 Article 10 of the Hague Convention which permits service by mail.2 As such, Russia does not allow international service of process via mail or international courier services. See, e.g., AMTO, LLC v. Bedford Asset Mgmt., LLC, No. 14-cv-9913, 2015 WL 3457452, at *10 (S.D.N.Y. May 29, 2015) (“Courts have held . . . that service of documents by international courier constitutes service through ‘postal channels,’ and accordingly this method of service in insufficient in light of Russia's objection to Article 10.”); Advanced Aerofoil Techs., AG v. Todaro, No. 11-cv-9505, 2012 WL 299959, at *2 (S.D.N.Y. Jan. 31, 2012) (characterizing service by international courier as tantamount to service through postal channels, and therefore unavailable in countries that have expressly objected to Article 10). D. DISCUSSION A. The Final Default Judgment is Void for Insufficient Service of Process Plaintiff contends that it had unilateral authority to serve Defendants by mail in Russia under Rule 4(f)(2)(A) because Russia refuses to comply with the Hague Convention, meaning that, in essence, there is no “international agreed means of service.” [ECF No. 39 at 12–13]. This Court disagrees. While it may be true that Russia’s stance frustrates the anticipated ease of service intended by the Hague Convention, Plaintiff cannot simply overstep Russia’s prerogative as a signatory to decline to accept service by mail. The Hague Convention applies to this case, and therefore this Court must recognize that service by mail in Russia is prohibited. Plaintiff’s reliance on Microsoft Corp. v. Doe, Civil Action No. 1:13cv139, 2014 U.S. Dist. LEXIS 48398 (E.D. Va. Jan. 6, 2014), for the proposition that service by mail in Russia is sufficient, is misplaced. Plaintiff 2 See Declaration/Reservation/Notification, HCCH, https://www.hcch.net/en/instruments/conventions/status-table/notifications/?csid=418&disp=res dn (last visited Feb. 17, 2026) (“Service of documents by methods listed in Article 10 of the Convention is not permitted in the Russian Federation.”). Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 8 of 13
9 ignores case law from this district “that despite Russia’s noncompliance with the Hague Convention, service by international mail does not suffice as adequate service.” World Media, 2020 WL 6781523, at *2 (citing Bidonthecity.com LLC v. Halverston Holdings Ltd., No. 12 Civ. 9258(ALC)(MHD), 2014 WL 1331046, at *9 (S.D.N.Y. Mar. 31, 2014)). Rule 4(f)(2)(A) only applies in cases where the Hague Convention does not apply. Plaintiff’s attempted service on Defendants by international courier service to an address in Moscow, Russian Federation was therefore insufficient.3 Defendants correctly argue that the proper means for Plaintiff to serve them in Russia was to obtain a court order under Rule 4(f)(3) to effect service via a means that is not prohibited by international agreement. Plaintiff concedes that it did not seek permission and did not intend to pursue service under Rule 4(f)(3). Plaintiff suggests, however, that the courtesy emails that it sent to Defendants provided sufficient notice to overcome any service defects. [ECF No. 39 at 19]. Plaintiff’s informal service by email without a court order is not sufficient. “Due process . . . requires that ‘before a court may exercise personal jurisdiction over a defendant . . . [t]here also must be a basis for the defendant’s amenability to service of summons. Absent consent, this means there must be authorization for service of summons on the defendant.’” Prewitt, 353 F.3d at 924– 25 (citing Omni Cap. Int’l, 484 U.S. at 104 (emphasis added)). Under the circumstances here, where Russia has not objected to service by email, the district court had discretion under Rule 4(f)(3) to approve formal service by email. “[T]he decision to issue an order allowing service by alternate means lies solely within the discretion of the district court.” Chanel, Inc. v. Individual, 3 Defendants also assert, supported by a declaration, that Plaintiff’s service by mail is defective because at the time of service, Defendants were not present or connected to the Moscow address that Plaintiff used to effectuate service. See [ECF Nos. 35 at 2; 35-1]. Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 9 of 13
10 P’ship, or Unincorporated Ass’n, No. 17-62441-CIV, 2017 WL 8794733, at *4 (S.D. Fla. Dec. 13, 2017) (citing Prewitt, 353 F.3d. at 921). However, Plaintiff did not seek such approval.4 In the absence of such a court order, service by “courtesy copy” email is improper. See Licht v. Watson, No. 12-62197-CIV, 2013 WL 12382965, at *1 (S.D. Fla. Mar. 5, 2013) (“[E]mail service is not available absent a Rule 4(f)(3) court decree.”) (citing Rio Props., Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1018 (9th Cir. 2002)). Because Plaintiff’s service of process by international mail courier to Defendants in Russia is not proper service under Rule 4(f)(2)(A), and because Plaintiff did not seek court approval for alternative service under Rule 4(f)(3), the district court did not have personal jurisdiction over Defendants. Therefore, the Final Default Judgment is void and, along with enforcement orders, must be vacated under Federal Rule Civil Procedure 60(b). B. Plaintiff Did Not Rely on Federal Rule of Civil Procedure 4(k)(2) to Establish Jurisdiction Over Defendants Federal Rule of Civil Procedure 4(k)(2) “allows courts to exercise personal jurisdiction over foreign defendants who have enough contacts with the United States, but not with a single state, to support personal jurisdiction.” Jekyll-Island, 140 F.4th at 1315. Defendants assert that the district court’s exercise of jurisdiction over them under Rule 4(k)(2) violates due process because they did not purposefully avail themselves of the benefits of the laws of the United States. 4 Plaintiff advised the district court in its Motion for Default Judgment that it sent courtesy email notices to Defendants. [ECF No. 16 at 6–7]. Plaintiff did not, however, ask the district court to approve the email notices as formal service of process under Rule 4(f)(3). See id. Court approval under Rule 4(f)(3) is not a mere technicality. When presented with a motion to approve alternative service, the court can make appropriate findings to determine if the requested method is reasonably calculated to give the required notice to satisfy due process. See, e.g., Louis Vuitton Malletier v. Louisvuittonbagsonline.com, No. 22-CV-61165-RS, 2022 WL 22985630, at *1 (S.D. Fla. Nov. 4, 2022) (authorizing service of defendants located in Russia by email and internet publication under Rule 4(f)(3)); adidas AG v. adidasbestonline.com, No. 19- 62774-CIV, 2020 WL 5027562, at *2 (S.D. Fla. Jan. 7, 2020) (same). Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 10 of 13
11 [ECF No. 35 at 13]. Thus, Defendants have no meaningful contacts with the United States, and Plaintiff’s claims do not arise out of or relate to any such ties with the United States. Id. In response, Plaintiff argues that Defendants have sufficient meaningful contacts with the United States such that jurisdiction under Rule 4(k)(2) would not violate due process. Plaintiff, however, does not rely on Rule 4(k)(2) in its Complaint to establish jurisdiction over Defendants. Significantly, Plaintiff did not allege that Defendants are not subject to jurisdiction in any state—as is required for Rule 4(k)(2) to apply. To the contrary, Plaintiff alleges in its Complaint that “[d]efendants are subject to personal jurisdiction in [Florida], have conducted business in [Florida], and have committed acts of infringement in [Florida].” [ECF No 1 ¶ 5]. As such, the relevant inquiry for evaluating the district court’s personal jurisdiction over Defendants is whether Plaintiff alleged sufficient facts5 in the Complaint to establish (1) general or specific jurisdiction under Florida’s long-arm statute and (2) that Defendants had sufficient contacts with Florida to comport with due process. See Future Tech. Today, Inc. v. OSF Healthcare Sys., 218 F.3d 1247, 1249 (11th Cir. 2000). The due process analysis under Rule 4(k)(2) and the Florida long-arm statute are similar, but they are not identical. The “difference is that where Rule 4(k)(2) applies, the court weighs the defendant’s contacts with the United States as a whole, rather than with a single state.” Jekyll-Island, 140 F.4th at 1316. Because Rule 4(k)(2) does not apply here, the parties’ debate over the sufficiency of Defendants’ contacts with the United States is not dispositive on the question of whether the district court’s jurisdiction over Defendants comports with due process. As such, this Court does not find that the Final Default Judgment is void for lack of due process based on Defendants’ contacts – or lack thereof – with the United States. 5 Conclusory allegations of the existence of jurisdiction are not enough. See Catalyst Pharms., Inc. v. Fullerton, No. 16-25365-CIV, 2017 WL 6558397, at *3 (S.D. Fla. Aug. 8, 2017) (citing Snow v. DirecTV, Inc., 450 F.3d 1314, 1318 (11th Cir. 2006)). Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 11 of 13
12 C. The Final Default Judgment is Not Void for Lack of Subject Matter Jurisdiction Defendants contend that the district court did not have subject matter jurisdiction over this matter based on the Supreme Court’s decision in Abitron Austria GmbH v. Hetronic Int'l, Inc., 600 U.S. 412, 419 (2023) prohibiting the application of the Lanham Act over infringement conduct outside of the United States. [ECF No. 35 at 9–10]. Defendants’ reliance on Abitron is misplaced. “A complaint alleging a colorable federal cause of action confers district court jurisdiction even if the complaint is ultimately dismissed for failure to state a claim.” Advanced Bodycare Sols., LLC v. Thione Intern. Inc., 524 F.3d 1235 (11th Cir. 2008) (citing Steel Co., 523 U.S. at 89) (failure to state a claim does not defeat subject matter jurisdiction unless clearly frivolous or made only to allege federal jurisdiction). Defendants overlook the “distinction between two sometimes confused or conflated concepts: federal-court ‘subject-matter’ jurisdiction over a controversy; and the essential ingredients of a federal claim for relief.” Steel Co., 523 U.S. at 91. Contrary to Defendants’ argument, “Abitron is a merits decision.” Slush Puppies Ltd. v. ICEE Co., 792 F. Supp. 3d 834, 846 (S.D. Ohio 2025). As such, even assuming—without deciding—that Defendants are correct that the Abitron ruling defeats Plaintiff’s Lanham Act claim on the merits, it does not defeat the court’s subject matter jurisdiction and does not implicate the validity of the Final Default Judgment. D. RECOMMENDATION For the reasons stated herein, the undersigned hereby RECOMMENDS that the Defendants’ Motion to Vacate should be GRANTED and the Final Default Judgment and all subsequent orders predicated on it should be deemed void. Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 12 of 13
13 E. OBJECTIONS Within seven (7) days after being served with a copy of this Report and Recommendation, any party may serve and file written objections to any of the above findings and recommendations as provided by the Local Rules for this district. 28 U.S.C. § 636(b)(1). Any response shall be filed within seven (7) days of the objections. The parties are hereby notified that a failure to timely object waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions contained in this Report and Recommendation. 11th Cir. R. 3-1 (2016); see Thomas v. Arn, 474 U.S. 140 (1985). DONE AND ORDERED at Fort Lauderdale, Florida, this 18th day of February 2026. DETRA SHAW-WILDER UNITED STATES MAGISTRATE JUDGE cc: The Honorable Darrin P. Gayles All Counsel of Record Case 1:18-cv-24286-DPG Document 42 Entered on FLSD Docket 02/18/2026 Page 13 of 13
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