Velez v. One Plus Technology Co.

Background

Adrian A. Velez filed an amended complaint invoking the court’s diversity-of-citizenship jurisdiction under 28 U.S.C. § 1332. The complaint alleged facts suggesting a personal-injury claim against One Plus Technology (Shenzhen) Co., Ltd. Velez was proceeding without a lawyer. In a September 16, 2025 order, the court allowed him to proceed without prepaying filing fees.

Service of process

Because Velez was allowed to proceed without prepaying fees, the court stated that he could rely on assistance from the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for the defendant, issue a summons, and deliver the documents needed for service to the Marshals Service.

The order explains that service generally must be completed within 90 days after a complaint is filed. Because Velez could not arrange service until the court reviewed the complaint and issued a summons, the court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Velez should request an extension of time.

Disposition

Judge Henry J. Ricardo ordered the Clerk to issue the summons for One Plus Technology (Shenzhen) Co., Ltd., complete the service form using the defendant’s listed address, and provide the required documents to the U.S. Marshals Service. The Clerk was also directed to mail Velez an information package. The order states that Velez must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so. The order does not decide the merits of the alleged personal-injury claim.