Simonetti v. Simonetti

Background

Maria Fabia Simonetti, who is representing herself, brought the action seeking the return of her minor daughter, identified in the opinion as J.C.S. The court had previously granted her permission to proceed without prepaying filing fees, commonly called proceeding in forma pauperis.

The opinion also directs compliance with Federal Rule of Civil Procedure 5.2, which requires filings to use a minor child’s initials rather than the child’s name. The court stated that earlier filings revealed birth dates and full names of minor children and that access to those filings had been restricted to case participants.

Service of Process

Because Maria Fabia Simonetti was allowed to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve Gerard Anthony Simonetti and Joseph A. Simonetti. The Clerk of Court was directed to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary paperwork to the Marshals Service.

The court stated that the complaint must be served within 90 days after the summonses are issued. If service is not completed within that period, Maria Fabia Simonetti should request an extension. The court also directed her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Ruling

The court ordered the Clerk to issue summonses for Gerard Anthony Simonetti and Joseph A. Simonetti, complete the service forms with the defendants’ addresses, and deliver the documents needed for service to the U.S. Marshals Service. The Clerk was also directed to mail Maria Fabia Simonetti a copy of the order and an information package.

Judge Margaret M. Garnett denied Maria Fabia Simonetti’s motion to expedite at Dkt. No. 3 as moot because the order directed service on the defendants. The opinion does not decide the underlying dispute about the return of J.C.S.