McClellon v. Webull Financial LLC

Background

Donte McClellon brought the action against Webull Financial LLC without a lawyer, invoking the court’s diversity-of-citizenship jurisdiction. In an earlier order dated March 11, 2025, the court allowed McClellon to proceed without prepaying fees. The opinion explains that permission as allowing a party to proceed without prepayment of fees.

Service of process

Because McClellon was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve Webull. The court therefore instructed the Clerk of Court to issue a summons for Webull, complete a U.S. Marshals Service Process Receipt and Return form with Webull’s address, and deliver the necessary paperwork to the Marshals Service.

The court explained that the usual rule generally requires service within 90 days after the complaint is filed. Because McClellon could not serve the complaint until the court reviewed it and ordered a summons, the court extended his service period to 90 days after the summons is issued. If service is not completed within that period, McClellon should request an extension of time. He must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so. The Clerk was also directed to mail McClellon an information package.

Disposition

Judge Mary Kay Vyskocil entered an order directing the Clerk and the Marshals Service to take steps to serve Webull. The opinion did not resolve the merits of McClellon’s claims or Webull’s potential defenses.