UNITED STATES DISTRICT COURT BOOUNENY SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC# REUBEN AVENT, DATE FILED: Plaintiff, een 1:19-CV-10907 (JGK) PROGRESSIVE CASUALTETISURANCE | ORDER OF SERVICE BARROR; UNKNOWN COMPANY REPRESENTATIVES, Defendants. JOHN G. KOELTL, United States District Judge: Plaintiff, who appears pro se, asserts claims under 42 U.S.C. § 1981, § 1983, and under state law. He sues the Progressive Casualty Insurance Company (“Progressive”), Steven Jones, Danielle Barror, aa “Unknown Company Representatives.” By order dated December 19, 2019, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma □
pauperis (“IFP”). The Court directs service on Progressive. The Court also directs counsel for Progressive to identify the service addresses of Jones and Barror, and the identities and service address of the unidentified defendants, and to provide them to Plaintiff and the Court.
DISCUSSION A. Service on Progressive □
Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service. See Walker v. Schult, 717 F.3d 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process... in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the Court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). Although Rule 4(m) of the Federal Rules of
"Civil Procedure generally requires that the summons and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served a summons and the complaint on Progressive until the Court reviewed the complaint and ordered that a summons be issued for Progressive. The Court therefore extends the time to serve Progressive until 90 days after the date that the summons for Progressive is issued. If the complaint is not served on Progressive within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir, 2012) (holding that it is the plaintiffs responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (summary order) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”). To allow Plaintiff to effect service on Progressive through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for Progressive. The Clerk of Court is further instructed to issue a summons for Progressive, and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service on Progressive. Plaintiff must notify the Court if his address changes, and the Court may dismiss this action if Plaintiff fails to do so. B. Jones, Barror, and the unidentified defendants Under Valentin v. Dinkins, a pro Se litigant is entitled to assistance from the district court in identifying an unidentified defendant and a defendant’s service address. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit Progressive to provide the service addresses of Jones and Barror, and to identify and provide the service □ .
addresses of the unidentified defendants. The unidentified defendants include those Progressive employees who, between May 17, 2018, and November 22, 2019 (the date that Plaintiff filed this action), interacted with Plaintiff in telephone conversations concerning Plaintiff's coverage under Progressive car insurance policies and the cost of his associated insurance premium(s). It is therefore ordered that counsel for Progressive must ascertain the service addresses of Jones and Barror, and the identities and service addresses of the unidentified defendants who Plaintiff seeks to sue here. Counsel for Progressive must provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the newly identified individuals as defendants and listing all of the defendants’ service addresses. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing service on Jones, Barror, and the newly named defendants. CONCLUSION The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court further directs the Clerk of Court to complete a USM-285 form with the service address for Defendant Progressive Casualty Insurance Company, and deliver all documents necessary to effect service on that defendant to the U.S. Marshals Service. The Court additionally directs the Clerk of Court to mail a copy of this order and the complaint to the Progressive Casualty Insurance Company at The Progressive Corporation, 6300 Wilson Mills Road, Mayfield Village, Ohio 44143. An amended complaint form is attached to this order.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: New York, New Yor.
ed States District Judge 12/2311?
DEFENDANT AND SERVICE ADDRESS The Progressive Casualty Insurance Company 6300 Wilson Mills Road Mayfield Village, Ohio 44143
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
— CV ——_—_ □□ □□□□□□□□□□□□□□□□□□□□□□□□□□□ (Include case number if one has been Write the full name of each plaintiff. oeslgnea)
-against AMENDED
a COMPLAINT □□ —————— Do you want a jury trial? OYes ONo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section Il.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I.
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UNITED STATES DISTRICT COURT BOOUNENY SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC# REUBEN AVENT, DATE FILED: Plaintiff, een 1:19-CV-10907 (JGK) PROGRESSIVE CASUALTETISURANCE | ORDER OF SERVICE BARROR; UNKNOWN COMPANY REPRESENTATIVES, Defendants. JOHN G. KOELTL, United States District Judge: Plaintiff, who appears pro se, asserts claims under 42 U.S.C. § 1981, § 1983, and under state law. He sues the Progressive Casualty Insurance Company (“Progressive”), Steven Jones, Danielle Barror, aa “Unknown Company Representatives.” By order dated December 19, 2019, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma □
pauperis (“IFP”). The Court directs service on Progressive. The Court also directs counsel for Progressive to identify the service addresses of Jones and Barror, and the identities and service address of the unidentified defendants, and to provide them to Plaintiff and the Court.
DISCUSSION A. Service on Progressive □
Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service. See Walker v. Schult, 717 F.3d 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process... in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the Court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). Although Rule 4(m) of the Federal Rules of
"Civil Procedure generally requires that the summons and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served a summons and the complaint on Progressive until the Court reviewed the complaint and ordered that a summons be issued for Progressive. The Court therefore extends the time to serve Progressive until 90 days after the date that the summons for Progressive is issued. If the complaint is not served on Progressive within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir, 2012) (holding that it is the plaintiffs responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (summary order) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”). To allow Plaintiff to effect service on Progressive through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for Progressive. The Clerk of Court is further instructed to issue a summons for Progressive, and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service on Progressive. Plaintiff must notify the Court if his address changes, and the Court may dismiss this action if Plaintiff fails to do so. B. Jones, Barror, and the unidentified defendants Under Valentin v. Dinkins, a pro Se litigant is entitled to assistance from the district court in identifying an unidentified defendant and a defendant’s service address. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit Progressive to provide the service addresses of Jones and Barror, and to identify and provide the service □ .
addresses of the unidentified defendants. The unidentified defendants include those Progressive employees who, between May 17, 2018, and November 22, 2019 (the date that Plaintiff filed this action), interacted with Plaintiff in telephone conversations concerning Plaintiff's coverage under Progressive car insurance policies and the cost of his associated insurance premium(s). It is therefore ordered that counsel for Progressive must ascertain the service addresses of Jones and Barror, and the identities and service addresses of the unidentified defendants who Plaintiff seeks to sue here. Counsel for Progressive must provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the newly identified individuals as defendants and listing all of the defendants’ service addresses. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing service on Jones, Barror, and the newly named defendants. CONCLUSION The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court further directs the Clerk of Court to complete a USM-285 form with the service address for Defendant Progressive Casualty Insurance Company, and deliver all documents necessary to effect service on that defendant to the U.S. Marshals Service. The Court additionally directs the Clerk of Court to mail a copy of this order and the complaint to the Progressive Casualty Insurance Company at The Progressive Corporation, 6300 Wilson Mills Road, Mayfield Village, Ohio 44143. An amended complaint form is attached to this order.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: New York, New Yor.
ed States District Judge 12/2311?
DEFENDANT AND SERVICE ADDRESS The Progressive Casualty Insurance Company 6300 Wilson Mills Road Mayfield Village, Ohio 44143
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
— CV ——_—_ □□ □□□□□□□□□□□□□□□□□□□□□□□□□□□ (Include case number if one has been Write the full name of each plaintiff. oeslgnea)
-against AMENDED
a COMPLAINT □□ —————— Do you want a jury trial? OYes ONo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section Il.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? []) Federal Question C) Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , , is a citizen of the State of (Plaintiff's name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
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If the defendant is an individual: The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant. Il. PARTIES
A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available)
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B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 2: First Name Last Name
Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code Defendant 3: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served) County, City State Zip Code
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Defendant 4: First Name Last Name
Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code III. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed.
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INJURIES: if you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
IV, RELIEF State briefly what money damages or other relief you want the court to order.
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V. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation), (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. I agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.
Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated Plaintiff's Signature First Name Middle Initial Last Name
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: OYes ONo~ If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.
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