Kijewski v. TIAA
- Stewart Aaron
- 1:25-cv-01779
- U.S. District Court · Southern District of New York
- 2
In Kijewski v. TIAA, Judge Aaron directed service of the complaint and set a 90-day deadline after summonses are issued.
Peter K. Kijewski must serve TIAA, Vanguard Group, Inc., BNY Pershing, Maureen A. Dunn, Mitchell Y. Cohen, and Marie F. Kijewski within 90 days after the summonses are issued, or request an extension.
What happened
Peter K. Kijewski filed this case against TIAA and other defendants on February 28, 2025, and paid the filing fee on March 11, 2025. He is representing himself.
The court asked the Clerk to issue summonses for TIAA, Vanguard Group, Inc., BNY Pershing, Maureen A. Dunn, Mitchell Y. Cohen, and Marie F. Kijewski. Kijewski must serve each defendant with the summons and complaint, including exhibits, within 90 days after the summonses are issued.
Judge Stewart D. Aaron warned that the court may dismiss the claims for failure to prosecute if Kijewski does not serve the defendants or request more time within that period. The order did not decide the claims' merits.
The detailed version
- Kijewski v. TIAA · No. 1:25-cv-01779
- Stewart Aaron
- Mar. 24, 2025
Background
Peter K. Kijewski filed this action on February 28, 2025, and paid the filing fee on March 11, 2025. The opinion states that Kijewski is proceeding without a lawyer.
Order
The court respectfully requested that the Clerk of Court issue summonses for TIAA, Vanguard Group, Inc., BNY Pershing, Maureen A. Dunn, Esq., Mitchell Y. Cohen, Esq., and Marie F. Kijewski. Kijewski was directed to serve each defendant with the summons and complaint, including exhibits, within 90 days after the summonses are issued.
The court explained that the summonses were not issued when the complaint was filed because Kijewski had not yet paid the filing fee. It therefore extended the service period to 90 days after issuance of the summonses, rather than applying the usual 90-day period measured from the filing of the complaint.
Ruling and effect
Judge Stewart D. Aaron warned that, if Kijewski does not serve the defendants or request an extension within 90 days after the summonses are issued, the court may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. This order addressed service of process and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.