UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
JEAN PIERRE LAFOREST, Plaintiff,
— against — ORDER JOHN DOE, Security Guard, JOHN DOE NYPD 25-ev-03719 (ER) OFFICERS 1-4, FAMILY DOLLAR, West Farms Location, THE CITY OF NEW YORK, Defendants.
Ramos, D.J.: Mr. Laforest, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his federally protected rights. By order dated June 16, 2025, the Court granted Mr. Laforest’s request to proceed in forma pauperis (“IFP’’), that is, without prepayment of fees. Doc. 7. DISCUSSION A. Service on Family Dollar Store On June 26, 2025, the Court ordered Mr. Laforest to provide to the Court, in writing, an address where the United States Marshal Service (“USMS”) can serve the defendant Family Dollar Store in the West Farms neighborhood of the Bronx.' Doc. 9. On July 21, 2021, Mr. Laforest filed a notice of motion requesting that the Court subpoena, from the Legal Department of the Family Dollar Store, video surveillance footage from a Family Dollar Store located in East Tremont Ave, Bronx, NY, 10460. Doc. 11. In that notice of motion, Mr. Laforest identifies the following address for
' The Court construes the defendant which Mr. Laforest identifies as “Family Dollar (West Farms location)” in the complaint, and for which he provides an address to “Legal Department, Family Dollar Stores LLC” in his motion for a subpoena, to be the Family Dollar’s corporate parent, not the particular store in the Bronx.
service on Family Dollar: Legal Department, Family Dollar Stores LLC, 500 Volvo Parkway, Chesapeake, VA 23320. Doc. 11. The Clerk of Court is directed to issue a summons for Family Dollar and to deliver to the USMS all of the paperwork necessary for the USMS to effect service of the summons and complaint upon Family Dollar at 500 Volvo Parkway, Chesapeake, VA 23320. The Court extends the time to effect service of process by 90 days from the date of issuance of summons. B. Unidentified “John Doe”: Security Guard Defendant Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying an unidentified defendant and that defendant’s service address. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Mr. Laforest supplies sufficient information to permit Family Dollar to identify the unidentified “John Doe” security guard defendant; he or she is the security guard who allegedly assaulted him on June 13, 2024 at a Family Dollar store located in the West Farms neighborhood of the Bronx. It is therefore ordered that Family Dollar, which appears to be the employer of the unidentified “John Doe” security guard, must ascertain the identity of the security guard and an address where that individual may be served. Family Dollar is ordered to provide this information to Mr. Laforest and the Court within thirty days of receiving service of process. Within thirty days of receiving this information identifying John Doe’s identify and address, Mr. Laforest must file an amended complaint naming that individual defendant using the name provided and also providing his or her service address. The amended complaint will replace, not supplement, the original complaint. Once Mr. Laforest has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing service on that newly identified defendant. C. Mr. Laforest’s Request for the Issuance of a Subpoena As previously discussed, on July 21, 2021, Mr. Laforest filed a notice of motion
requesting that the Court subpoena video surveillance footage from a particular Family Dollar Store. Doc. 11. While it would not be appropriate to serve a subpoena on Family Dollar—which 1s identified as a defendant in Mr. Laforest’s complaint—at this juncture, Mr. Laforest will be free to request the video surveillance footage from Family Dollar once it has been served with process and the parties engage in discovery, during which the parties to this case will exchange information. CONCLUSION The Clerk of Court is directed to issue a summons for Family Dollar and to deliver to the USMS all of the paperwork necessary for the Marshals Service to effect service upon Family Dollar. The Court extends the time to effect service of process by 90 days from the date of issuance of summons. The Clerk of Court is further directed to mail a copy of this order and Mr. Laforest’s complaint to Family Dollar, Attn: Legal Department, 500 Volvo Parkway, Chesapeake, VA 23320. Family Dollar is directed to identify the unidentified “John Doe” security guard and his or her service address—and to provide this information to Mr. Laforest and the Court—within thirty days of receiving service of process. Within thirty days of receiving this information, Mr. Laforest must file an amended complaint naming the newly identified individual as a defendant. An amended complaint form that Mr. Laforest should complete is attached to this order. Mr. Laforest’s request for the issuance of a subpoena 1s denied, without prejudice to his seeking the same information during discovery. The Clerk of Court is respectfully directed to close the notice of motion, Doc. 11. Plaintiff may receive court documents by email by completing the form, Consent to Electronic Service.”
If Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.
The Clerk of Court is directed to mail a copy of this order to Mr. Laforest.
SO ORDERED. Dated: July 29, 2025 oS ) New York, New York one \<——
EDGARDO RAMOS, U.S.D.J.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CV TT (clu ber if has b Write the full name of each plaintiff. ened) nummer troneines seen
-against- AMENDED
COMPLAINT □□ Do you want a jury trial? [(1Yes (CINo
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.
Free access — add to your briefcase to read the full text and ask questions with AI
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
JEAN PIERRE LAFOREST, Plaintiff,
— against — ORDER JOHN DOE, Security Guard, JOHN DOE NYPD 25-ev-03719 (ER) OFFICERS 1-4, FAMILY DOLLAR, West Farms Location, THE CITY OF NEW YORK, Defendants.
Ramos, D.J.: Mr. Laforest, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his federally protected rights. By order dated June 16, 2025, the Court granted Mr. Laforest’s request to proceed in forma pauperis (“IFP’’), that is, without prepayment of fees. Doc. 7. DISCUSSION A. Service on Family Dollar Store On June 26, 2025, the Court ordered Mr. Laforest to provide to the Court, in writing, an address where the United States Marshal Service (“USMS”) can serve the defendant Family Dollar Store in the West Farms neighborhood of the Bronx.' Doc. 9. On July 21, 2021, Mr. Laforest filed a notice of motion requesting that the Court subpoena, from the Legal Department of the Family Dollar Store, video surveillance footage from a Family Dollar Store located in East Tremont Ave, Bronx, NY, 10460. Doc. 11. In that notice of motion, Mr. Laforest identifies the following address for
' The Court construes the defendant which Mr. Laforest identifies as “Family Dollar (West Farms location)” in the complaint, and for which he provides an address to “Legal Department, Family Dollar Stores LLC” in his motion for a subpoena, to be the Family Dollar’s corporate parent, not the particular store in the Bronx.
service on Family Dollar: Legal Department, Family Dollar Stores LLC, 500 Volvo Parkway, Chesapeake, VA 23320. Doc. 11. The Clerk of Court is directed to issue a summons for Family Dollar and to deliver to the USMS all of the paperwork necessary for the USMS to effect service of the summons and complaint upon Family Dollar at 500 Volvo Parkway, Chesapeake, VA 23320. The Court extends the time to effect service of process by 90 days from the date of issuance of summons. B. Unidentified “John Doe”: Security Guard Defendant Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying an unidentified defendant and that defendant’s service address. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Mr. Laforest supplies sufficient information to permit Family Dollar to identify the unidentified “John Doe” security guard defendant; he or she is the security guard who allegedly assaulted him on June 13, 2024 at a Family Dollar store located in the West Farms neighborhood of the Bronx. It is therefore ordered that Family Dollar, which appears to be the employer of the unidentified “John Doe” security guard, must ascertain the identity of the security guard and an address where that individual may be served. Family Dollar is ordered to provide this information to Mr. Laforest and the Court within thirty days of receiving service of process. Within thirty days of receiving this information identifying John Doe’s identify and address, Mr. Laforest must file an amended complaint naming that individual defendant using the name provided and also providing his or her service address. The amended complaint will replace, not supplement, the original complaint. Once Mr. Laforest has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing service on that newly identified defendant. C. Mr. Laforest’s Request for the Issuance of a Subpoena As previously discussed, on July 21, 2021, Mr. Laforest filed a notice of motion
requesting that the Court subpoena video surveillance footage from a particular Family Dollar Store. Doc. 11. While it would not be appropriate to serve a subpoena on Family Dollar—which 1s identified as a defendant in Mr. Laforest’s complaint—at this juncture, Mr. Laforest will be free to request the video surveillance footage from Family Dollar once it has been served with process and the parties engage in discovery, during which the parties to this case will exchange information. CONCLUSION The Clerk of Court is directed to issue a summons for Family Dollar and to deliver to the USMS all of the paperwork necessary for the Marshals Service to effect service upon Family Dollar. The Court extends the time to effect service of process by 90 days from the date of issuance of summons. The Clerk of Court is further directed to mail a copy of this order and Mr. Laforest’s complaint to Family Dollar, Attn: Legal Department, 500 Volvo Parkway, Chesapeake, VA 23320. Family Dollar is directed to identify the unidentified “John Doe” security guard and his or her service address—and to provide this information to Mr. Laforest and the Court—within thirty days of receiving service of process. Within thirty days of receiving this information, Mr. Laforest must file an amended complaint naming the newly identified individual as a defendant. An amended complaint form that Mr. Laforest should complete is attached to this order. Mr. Laforest’s request for the issuance of a subpoena 1s denied, without prejudice to his seeking the same information during discovery. The Clerk of Court is respectfully directed to close the notice of motion, Doc. 11. Plaintiff may receive court documents by email by completing the form, Consent to Electronic Service.”
If Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.
The Clerk of Court is directed to mail a copy of this order to Mr. Laforest.
SO ORDERED. Dated: July 29, 2025 oS ) New York, New York one \<——
EDGARDO RAMOS, U.S.D.J.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CV TT (clu ber if has b Write the full name of each plaintiff. ened) nummer troneines seen
-against- AMENDED
COMPLAINT □□ Do you want a jury trial? [(1Yes (CINo
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 L] 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 (Plaintiffs 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.
Page 2
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.
II. 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) 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 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. 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. 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
Street Address
County, City State Zip Code
Telephone Number Email Address (if available)
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: OlYes 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.
Page 7