Pineda v. Dutchess County
- Clarke
- 7:25-cv-04554
- U.S. District Court · Southern District of New York
- 2
In Jose Pineda v. Dutchess County, Judge Clarke granted amendment and ordered service assistance for Frank Torre.
Jose Pineda, Frank Torre, the County Defendants, the Clerk of Court, and the United States Marshals Service.
What happened
In Jose Pineda v. Dutchess County, the court had previously ordered Pineda to add Frank Torre, an Aramark employee identified by defense counsel, to the case. Pineda filed an amended complaint adding Torre and asked that it replace his original complaint.
The County Defendants did not oppose the request. Because Pineda was allowed to proceed without paying filing fees, the court said he could rely on the court and the United States Marshals Service to serve Torre.
Judge Jessica G. L. Clarke granted the motion to amend. She directed the Clerk of Court to issue a summons, prepare the required service form, and provide the Marshals Service with the documents needed to serve Torre. The court also directed the Clerk to close the motion on the docket.
The detailed version
- Pineda v. Dutchess County · No. 7:25-cv-04554
- Clarke
- Nov. 13, 2025
Background
On October 1, 2025, the court ordered Jose Pineda to amend his complaint to add Frank Torre, an Aramark employee identified by defense counsel in an August 25, 2025 letter. Pineda filed an amended complaint adding Torre on October 30, 2025. He then moved to make that amended complaint the operative complaint, meaning the complaint controlling the case. The County Defendants—Dutchess County, Sheriff Kirk Imperati, Officer Arroyo, and Sergeant LaMonica—did not oppose the motion.
Service on Frank Torre
The court noted that Pineda had been granted permission to proceed without paying filing fees. In such cases, the court and the United States Marshals Service can assist with service of process. The court also explained that service generally must occur within 90 days after the summons is issued for a defendant in this situation. If Torre is not served within that period, Pineda should request more time. The court stated that Pineda must notify it in writing if his address changes and that the case may be dismissed if he fails to do so.
Ruling
The court granted Pineda’s motion to amend. It directed the Clerk of Court to issue a summons for Torre, complete a USM-285 service form for Torre, and deliver the necessary documents—including the amended complaint—to the United States Marshals Service for service. The court directed the Clerk to terminate docket entry 33, which was the motion to amend. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.