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S.D.N.Y.Procedural orderFiled Oct. 16, 2025

Zimnovich v. Social Capital Resources LLC

Full caption

Igor Zimnovich v. Social Capital Resources LLC; Nicholas Maggio; ABC Bank, Inc.; John Does 1-100 (Officers/Directors of ABC Bank)

Judge
James Oetken
Docket
1:25-cv-07480
Court
U.S. District Court · Southern District of New York
Pages
11
Civil ProcedurePro Se
In one sentence

In Zimnovich v. Social Capital Resources, Judge Oetken ordered service and identification steps but did not decide the discrimination claims.

Who this affects

Igor Zimnovich may use the U.S. Marshals Service to serve Social Capital Resources LLC and Nicholas Maggio without prepaying service costs. Social Capital Resources’ counsel must identify the bank referred to as “ABC Bank,” and Zimnovich must later file an amended complaint naming that bank.

What happened

Igor Zimnovich, who is representing himself, sued Social Capital Resources LLC, Nicholas Maggio, ABC Bank, Inc., and unnamed ABC Bank officers and directors. He alleges discrimination based on citizenship status under federal and state law. The court had already allowed him to proceed without paying filing fees upfront.

The court directed the Clerk to issue summonses and arrange service by the U.S. Marshals Service on Social Capital Resources LLC and Nicholas Maggio. It also extended the service deadline to 90 days after the summonses are issued and instructed Zimnovich to notify the court if his address changes.

Judge J.Paul Oetken ordered Social Capital Resources’ counsel to identify the bank called “ABC Bank” and provide its identity and service address within 60 days. Zimnovich must then file an amended complaint naming that bank within 30 days; the court did not decide whether his discrimination claims are valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Zimnovich v. Social Capital Resources LLC · No. 1:25-cv-07480
Judge
James Oetken
Date
Oct. 16, 2025

Background

Igor Zimnovich, proceeding without a lawyer, brought claims under 42 U.S.C. § 1981 and state law. He alleges that the defendants discriminated against him because of his citizenship status. The defendants named in the caption are Social Capital Resources LLC, Nicholas Maggio, ABC Bank, Inc., and John Does 1-100, described as officers and directors of ABC Bank.

The court had previously granted Zimnovich permission to proceed without prepaying court fees. In this order, the court addressed service of process—the formal delivery of the lawsuit and summons to defendants—and the identification of the bank referred to in the complaint as “ABC Bank.”

Service Order

Because Zimnovich was allowed to proceed without prepaying fees, the court ordered the U.S. Marshals Service to serve Social Capital Resources LLC and Nicholas Maggio. The Clerk of Court was directed to issue summonses, complete the required Marshals Service forms with the service address for each defendant, and provide the necessary paperwork to the Marshals Service.

The court explained that the usual 90-day service period runs from the filing of the complaint, but Zimnovich could not have arranged service until the court reviewed the complaint and ordered the summonses. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, the opinion states that Zimnovich should request an extension.

The court also directed Zimnovich to notify the court in writing of any address change and warned that the case could be dismissed if he failed to do so.

Identification of ABC Bank

The court applied a procedure requiring assistance to a self-represented litigant who has provided enough information to help identify an unknown defendant. The court found that Zimnovich had provided enough information for Social Capital Resources to identify the client bank he called “ABC Bank.”

The court ordered counsel for Social Capital Resources to determine the bank’s true identity and the address where it can be served, and to provide that information to Zimnovich and the court within 60 days of the order. Within 30 days after receiving the information, Zimnovich must file an amended complaint naming the identified defendant. The amended complaint will replace, rather than supplement, the original complaint.

After the amended complaint is filed, the court will screen it and, if necessary, direct the Clerk to prepare service materials for the newly identified defendant. The opinion does not state a ruling on the merits of Zimnovich’s discrimination allegations, and it does not make a merits ruling concerning the unnamed defendants.

The authoritative version

Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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