Colliton v. Hannaford

Background

James and Claudia Colliton brought this action without a lawyer, seeking damages against “Hannaford.” The court understood that name to refer to Hannaford Bros. Co., LLC. The court construed the complaint as asserting claims under 42 U.S.C. §§ 1981, 1985, and 1986, along with claims under the New York State Human Rights Law.

The court stated that it had granted the Collitons permission to proceed in forma pauperis, meaning without prepaying filing fees, in an order dated July 24, 2025.

Service of process

Because the Collitons were allowed to proceed without prepaying fees, the court explained that they could rely on assistance from the court and the United States Marshals Service to serve Hannaford. The court extended the service deadline to 90 days after the date a summons for Hannaford issues, because the Collitons could not have served the defendant before the court reviewed the complaint and ordered issuance of the summons.

The court directed the Clerk of Court to complete a United States Marshals Service Process Receipt and Return form, issue a summons for Hannaford, and provide the Marshals Service with the documents needed to serve the summons and complaint. If service does not occur within 90 days after the summons issues, the Collitons should request an extension of time. The court also directed the Clerk to mail the Collitons an information package and stated that they must notify the court in writing if their address changes.

Ruling

Judge Jessica G. L. Clarke ordered the Clerk of Court to issue the summons, complete the service form, and deliver the necessary documents to the United States Marshals Service for service on Hannaford. This order addressed service of process and did not decide the merits of the Collitons’ claims.