Price v. Hale Global

• Court: District Court, S.D. New York
• Decided: May 15, 2024
• Docket: 1:24-cv-02826
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------X : NEAL PRICE, : : Plaintiff, : 24-CV-2826 (JMF) : -v- : ORDER OF SERVICE : HALE GLOBAL et al., : : Defendants. : : ---------------------------------------------------------------------- X JESSE M. FURMAN, United States District Judge: Plaintiff Neal Price, proceeding pro se, brings this action against Defendants Hale Global and Patch.com, invoking the court’s diversity jurisdiction under 28 U.S.C. § 1332(a). Plaintiff’s address is 2850 Dartmouth Lane, Olympia Fields, IL 60461. See ECF No. 1, at 11, 12, 14. Defendants appear to be located in New York, New York. See id. at 12, 14. Plaintiff seeks injunctive relief and $1,000,000 in damages. On April 16, 2024, Plaintiff’s request to proceed in forma pauperis (“IFP”) was granted. See ECF No. 4. The Court now directs service on Defendants. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on assistance from the Court and the United States 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

1 Although 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 that any summonses issue. 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). To allow Plaintiff to effect service on Defendants through the United States Marshals Service, the Clerk of Court is instructed to fill out a United States Marshals Service Process Receipt and Return form (“USM-285 form”) for each Defendant. 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 Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs the Clerk of Court to issue a summons for each Defendant (Hale Global and Patch.com), complete USM-285 forms with the addresses for each Defendant, and deliver all documents necessary to effect service of a summons and the complaint on each Defendant to the United States Marshals Service. SO ORDERED. Dated: May 15, 2024 New York, New York JESS URMAN nited States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Hale Global 134 West 29th Street New York, New York 10001 Patch.com 134 West 29th Street New York, New York 10001