Pettigrew v. Capital One Financial Corporation

Background

Isaac Pettigrew, appearing without a lawyer, brought this action against Capital One Financial Corporation under the Fair Credit Reporting Act. The court had granted Pettigrew permission to proceed without prepaying filing fees. The order concerns service of the complaint, not the merits of his Fair Credit Reporting Act claims.

Court’s Analysis

Because Pettigrew was permitted to proceed without prepaying fees, the court explained that he could rely on the court and the United States Marshals Service to serve Capital One. The court cited federal law and procedural rules requiring the court to arrange service through the Marshals Service in such cases.

The court also explained that the usual 90-day service period runs from the date the complaint is filed, but Pettigrew could not have completed service before the court reviewed the complaint and ordered a summons. The court therefore extended the service period until 90 days after the summons is issued.

Order

Judge Jennifer L. Rochon instructed the Clerk of Court to issue a summons for Capital One Financial Corporation, complete the required service form with the defendant’s address, and deliver the necessary documents to the Marshals Service. If service is not completed within 90 days after the summons is issued, Pettigrew should request an extension of time. The order also requires Pettigrew to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so. The Clerk was directed to mail Pettigrew an information package, and the order provided an option for him to consent to receiving court documents by email.