Berry v. Experian Information Solutions, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PATRICIA ANN BERRY, Plaintiff, -against- 24-CV-3143 (JGLC) EXPERIAN INFORMATION SOLUTIONS, INC; TRANSUNION, LLC; EQUIFAX ORDER OF SERVICE INFORMATION SERVICES, LLC; MERRICK BANK CORPORATION; and CONTINENTAL FINANCE COMPANY, LLC, Defendants. JESSICA G. L. CLARKE, United States District Judge: Plaintiff, who is appearing pro se, brings this action under the Fair Credit Reporting Act, alleging that Defendants violated the Act. By order dated April 26, 2024, Chief Judge Laura Taylor Swain granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on the assistance of the Court and the U.S. Marshals Service to effect service.1 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)).

1Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue. To allow Plaintiff to effect service on Defendants 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 Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendants. If the complaint is not served within 90 days after the date summonses are issued, 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 plaintiff’s responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is instructed to issue a summons for each Defendant, complete the USM-285 form with the address for each Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: May 9, 2024 New York, New York ZN hn yp 0 \e Anca (KAA Re IESSICA G. L. CLARKE United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Experian Information Solutions, Inc. C T Corporation Systems, Registered Agent 28 Liberty Street, 42nd Floor New York, NY 10005 Equifax Information Services, LLC Corporation Service Company, Registered Agent 80 State Street Albany, NY 12207 TransUnion, LLC Corporation Service Company, Registered Agent 80 State Street Albany, NY 12207 Merrick Bank Corporation 10705 S. Jordan Gateway #200 South Jordan, UT 84095 Continental Finance Company 4550 Linden Hill Rd Ste 400 Wilmington, DE 19808-2952