Gilmore v. Combs

Background

DeWitt Gilmore, who is representing himself, brought this action against Sean Combs and Bad Boy Entertainment, Inc. He invoked the court’s diversity jurisdiction and asserted state-law claims. In an earlier order dated February 6, 2025, the court allowed Gilmore to proceed without paying filing fees in advance.

Service of Process

Because Gilmore was allowed to proceed without advance payment of fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form with each defendant’s address, and deliver the required paperwork to the Marshals Service.

The court extended the deadline for service. Although the usual rule generally requires service within 90 days after the complaint is filed, the court ordered that Gilmore’s service period would run for 90 days after the summonses are issued. If service is not completed within that period, Gilmore should request an extension. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he does not do so.

Ruling

Judge J. Paul Oetken ordered the Clerk of Court to issue the summonses and provide the service materials to the Marshals Service. The court also directed the Clerk to mail Gilmore an information package. This order addressed service procedures and did not decide the merits of Gilmore’s claims.