Wellington v. The City of New York
- Rochon
- 1:24-cv-08743
- U.S. District Court · Southern District of New York
- 2
In Wellington v. The City of New York, Judge Rochon ordered service steps for newly named and previously unserved defendants.
Mercy Wellington, Rustam Mukhutdinov, Fontaine, Jackson, and the City of New York in connection with service of the amended complaint.
What happened
Mercy Wellington filed an amended complaint adding Rustam Mukhutdinov as a defendant. The opinion does not describe the underlying claims or decide their merits.
The court directed the Clerk of Court to issue an amended summons for Mukhutdinov, prepare service forms, and send the necessary documents to the U.S. Marshals Service. It also directed the Clerk to use corrected addresses to attempt service on Defendants Fontaine and Jackson, whose earlier summonses were returned unexecuted. Wellington was told to request more time if service was not completed within 90 days after the summonses were issued.
Judge Jennifer L. Rochon entered the order of service and directed that a copy be mailed to Wellington.
The detailed version
- Wellington v. The City of New York · No. 1:24-cv-08743
- Rochon
- July 22, 2025
Background
On July 9, 2025, Mercy Wellington filed an amended complaint adding Rustam Mukhutdinov as a defendant. Mukhutdinov designated the New York City Police Department to accept service for him at 1 Police Plaza, Room 110A, New York, New York 10038.
The summonses for Defendants Fontaine and Jackson were returned unexecuted on April 29, 2025. On May 7, 2025, the City provided corrected addresses for those defendants.
Court’s Action
The court directed the Clerk of Court to issue an amended summons for Mukhutdinov, complete the required USM-285 service forms with his address, and deliver the documents needed to the U.S. Marshals Service. The court separately directed the Clerk to complete USM-285 forms with the corrected addresses for Fontaine and Jackson and deliver the necessary service documents to the Marshals Service.
The order states that if the amended complaint is not served within 90 days after summonses are issued, Wellington should request an extension of time for service. The Clerk was also directed to mail Wellington a copy of the order. The opinion does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.