Shulman v. Apple

Background

Rabbi Menachem Shulman is proceeding without a lawyer and brought claims against Apple under state law for negligence, strict product liability, and breach of warranty. He invoked the court’s diversity-of-citizenship jurisdiction. In an order dated November 20, 2024, the court granted Shulman permission to proceed without prepaying filing fees.

Service of Process

Because Shulman was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Apple with the lawsuit. The court relied on federal law and the Federal Rules of Civil Procedure requiring the court to order Marshals Service when a plaintiff has been authorized to proceed without prepaying fees.

The clerk was directed to issue a summons for Apple, complete a U.S. Marshals Service Process Receipt and Return form with Apple’s service address, and deliver the necessary paperwork to the Marshals Service. The court also directed the clerk to mail Shulman an information package.

Deadline and Address Requirement

The court stated that the usual 90-day service period runs differently here because Shulman could not have served Apple until the court reviewed the complaint and ordered issuance of a summons. The court extended the service period to 90 days after any summons is issued. If the complaint is not served within that period, Shulman should request an extension of time. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Disposition

This order addresses service of process and related case administration. It does not decide Shulman’s negligence, strict product-liability, or breach-of-warranty claims.