UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-61626-CIV-DIMITROULEAS

ASSEMGUL MUKHANBETZHANVA, 

Plaintiff,

vs. 

ZHANIYA DYUSSEMBAEVA

DANA DYUSSEMBAYEVA, 

Defendants. 

___________________________________/ 

OMNIBUS ORDER APPROVING REPORT OF MAGISTRATE JUDGE;

DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTION TO DISMISS FOR 

LACK OF JURISDICTION AND TO QUASH DEFECTIVE SERVICE OF PROCESS; 

REFERRING LIMITED JURISDICTIONAL DISCOVERY TO MAGISTRATE JUDGE

THIS CAUSE is before the Court on Defendants Zhaniya Dyussembayeva and Dana 

Dyussembayeva (collectively, “Defendants”)’s Motion to Dismiss for Lack of Jurisdiction and to 

Quash Defective Service of Process [DE 10], and the Report and Recommendation of United 

States Magistrate Judge Patrick M. Hunt (the “Report”) [DE 15], dated November 1, 2022. The 

Court has conducted a de novo review of the Report [DE 15], Defendants’ Limited Objection to 

Report and Recommendation [DE 16], and the record herein. The Court is otherwise fully 

advised in the premises. 

A party seeking to challenge the findings in a report and recommendation of a United 

States Magistrate Judge must file “written objections which shall specifically identify the 

portions of the proposed findings and recommendation to which objection is made and the 

specific basis for objection.” Macort v. Prem, Inc., 208 F. App’x 781, 783 (11th Cir. 2006) 

(quoting Heath v. Jones, 863 F.2d 815, 822 (11th Cir. 1989)). “It is critical that the objection be 

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sufficiently specific and not a general objection to the report.” Macort, 208 F. App’x at 784 

(citing Goney v. Clark, 749 F.2d 5, 7 (3d Cir. 1984)). If a party makes a timely and specific 

objection to a finding in the report and recommendation, the district court must conduct a de 

novo review of the portions of the report to which objection is made. Macort, 208 F. App’x at 

783-84; see also 28 U.S.C. § 636(b)(1). The district court may accept, reject, or modify in whole 

or in part, the findings or recommendations made by the Magistrate Judge. Macort, 208 F. App’x 

at 784; 28 U.S.C. § 636(b)(1). Accordingly, the Court has undertaken a de novo review of the 

record and the Limited Objection.

In the Report, the Magistrate Judge recommends that this Court enter an Order (i) 

denying without prejudice Defendants’ Motion to Dismiss for Lack of Jurisdiction and to Quash 

Defective Service of Process [DE 10]; and (ii) allowing Plaintiff to conduct limited jurisdiction 

discovery as to the citizenship, resident status, and domicile of Defendants. The Court, having 

conducted a de novo review of the entire file and record herein, agrees with the reasoning and 

conclusion of the Magistrate Judge. Further, Defendants Limited Objection, which asserts that 

jurisdictional discovery has not been sufficiently requested nor is it appropriate here, shall be 

overruled.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The Report [DE 15] is hereby APPROVED; 

2. Defendants’ Limited Objection to Report and Recommendation [DE 16] is 

OVERRULED;

3. Defendants’ Motion to Dismiss for Lack of Jurisdiction and to Quash Defective 

Service of Process [DE 10] is DENIED WITHOUT PREJUDICE; 

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4. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the 

Southern District of Florida, this case is hereby referred to United States Magistrate 

Judge Patrick Hunt for limited jurisdictional discovery as to the citizenship, resident 

status, and domicile of Defendants, any motions arising from or relating thereto, an 

evidentiary hearing, if necessary, and appropriate disposition or report and 

recommendation.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, 

this 16th day of November, 2022.

Copies to:

Judge Hunt

Counsel of Record

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