Stringer v. SIMON & SCHUSTER, INC

Background

Vickie M. Stringer filed an amended complaint against Simon & Schuster, Inc. She invoked federal-question and diversity jurisdiction and is appearing without a lawyer. In an earlier order dated February 5, 2025, the court granted her permission to proceed without prepaying court fees.

Service of the Complaint

Because Stringer is proceeding without prepaying fees, federal law requires the court and the U.S. Marshals Service to assist with serving the defendant. The court explained that Stringer could not serve the defendant until the court reviewed the complaint and ordered the summons issued. The court therefore extended the service period to 90 days after any summons is issued.

The Clerk of Court was directed to issue a summons for Simon & Schuster, Inc., complete the required service form with the defendant’s address, and deliver the amended complaint and other necessary papers to the U.S. Marshals Service. The Clerk was also directed to mail Stringer an information package.

Ruling

Judge Mary Kay Vyskocil ordered the Clerk and the U.S. Marshals Service to take the steps needed to serve Simon & Schuster, Inc. The court stated that Stringer should request an extension of time if the amended complaint is not served within 90 days after the summons is issued. Stringer must also notify the court in writing if her address changes, and the court stated that failure to do so may result in dismissal. This order did not decide the merits of the amended complaint.