Sullivan v. Banks
- Lewis Liman
- 1:24-cv-03251
- U.S. District Court · Southern District of New York
- 3
In Sullivan v. New York City Department of Education, Judge Liman instructed Marshals to try serving Xu again after an earlier attempt failed.
Mark J. Sullivan and Binong Xu are directly affected. The Clerk of Court and the U.S. Marshals Service were directed to take steps to serve Xu.
What happened
In Mark J. Sullivan v. New York City Department of Education and Binong Xu, Sullivan alleges that the defendants denied him access to his child’s school records when she was a minor. He is representing himself and was allowed to proceed without paying court fees.
The U.S. Marshals Service previously tried to serve Xu, but could not do so because the address Sullivan provided appeared to be incorrect. Sullivan then filed a supplemental complaint and provided another address.
Judge Lewis J. Liman ordered the Clerk of Court to prepare the service paperwork and directed the Marshals Service to serve Xu with the summons and supplemental complaint at the new address. The court said Sullivan should request more time if service is not completed within 90 days after the summons is issued.
The detailed version
- Sullivan v. Banks · No. 1:24-cv-03251
- Lewis Liman
- Aug. 11, 2025
Background
Mark J. Sullivan, who is representing himself, alleges that the New York City Department of Education and Binong Xu denied him access to his child’s school records when she was a minor. The court had granted Sullivan permission to proceed without paying court fees, which entitled him to rely on the court and the U.S. Marshals Service to serve process.
Service Attempt
The court had directed service on Xu through the U.S. Marshals Service on April 16, 2025. The Marshals Service attempted service but could not complete it because the address Sullivan provided appeared to be incorrect. Sullivan later filed a supplemental complaint and submitted a notice identifying a different address for Xu.
Court’s Order
Judge Lewis J. Liman instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Xu, issue a summons, and provide the Marshals Service with the paperwork needed to serve Xu with the summons and a copy of the supplemental complaint. The order identified Xu’s service address as 256 Chestnut Tree Hill Road, Oxford, Connecticut 06478. The court stated that if service is not completed within 90 days after the summons is issued, Sullivan should request an extension of time.
This amended order concerns service of process and does not decide the merits of Sullivan’s allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.