Brown v. Automattic

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DORA BROWN, Plaintiff, 19 Civ. 6328 (KPF) -v.- AUTOMATTIC; BLUEHOST; and ORDER OF SERVICE TWITTER, Defendants. KATHERINE POLK FAILLA, District Judge: Plaintiff, appearing pro se, brings this action invoking the Court’s federal question and diversity jurisdiction and alleging that Defendants committed breach of contract, fraud, and other state-law claims. By order dated August 21, 2019, the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis. Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on the Court and the U.S. Marshals Service to effect service. 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 the summons and complaint until the Court reviewed the complaint and ordered that a summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued. If the complaint is not served 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 plaintiff’s 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 Defendants Automattic Inc., Bluehost, and Twitter 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 each of these defendants. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. Plaintiff must notify the Court in writing if her address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff,

together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Automattic Inc., Bluehost, and Twitter and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. Dated: January 16, 2020 (] New York, New York Kathe Ma ah fi Chin KATHERINE POLK FAILLA United States District Judge

A copy of this Order was mailed by Chambers to: Dora I. Brown 14 East 28th Street #236 New York, NY 10016

DEFENDANTS AND SERVICE ADDRESSES Automattic Inc. 60 29th Street, #343 San Francisco, CA 94110 Bluehost c/o Endurance International Group 10 Corporate Drive, Suite 300 Burlington, MA 01803 Twitter, Inc. 245 West 17th Street New York, NY10011