Friedman v. Eisenberger
- Nelson Roman
- 7:25-cv-07123
- U.S. District Court · Southern District of New York
- 1
In Chaim M. Friedman v. Seth Eisenberger, Judge Roman denied service substitution without prejudice, requiring a sworn account of service efforts.
Chaim M. Friedman must provide a sworn explanation of his efforts to serve Seth Eisenberger before renewing his request to substitute service.
What happened
In Chaim M. Friedman v. Seth Eisenberger, Chaim M. Friedman, representing himself, asked to serve Seth Eisenberger through Eisenberger’s attorney in a related case. Friedman said his earlier request had received no response and that the case was nearing 90 days from its start.
The court denied the request without prejudice. It said Friedman first had to show “good cause,” meaning reasonable diligence in trying to properly serve Eisenberger.
Judge Nelson S. Roman directed Friedman to submit a sworn declaration or affirmation describing his service efforts under federal and state law. The clerk was directed to close the motion and mail the order to Friedman.
The detailed version
- Friedman v. Eisenberger · No. 7:25-cv-07123
- Nelson Roman
- Nov. 19, 2025
Background
Chaim M. Friedman, proceeding without a lawyer, filed a letter motion asking to replace ordinary service on Defendant Seth Eisenberger with service through Eisenberger’s attorney in a related case. Friedman stated that he had previously filed a request for this relief, that the request had also been posted in the related case, and that Eisenberger’s attorney had neither responded nor provided a waiver of service. Friedman also stated that the case was approaching 90 days from its inception and that the court had set a schedule for pleadings.
Court’s Analysis
The court explained that Friedman had to first demonstrate “good cause” to obtain an extension or substitution of service. The court described good cause as a showing of reasonable diligence in attempting to serve a defendant properly. It directed Friedman to explain his service efforts in a sworn declaration and/or affirmation consistent with federal and state law.
Disposition
The court denied Friedman’s request without prejudice. It directed him to submit the sworn explanation of his efforts and directed the clerk to terminate the motion at ECF No. 50, mail the endorsement to Friedman, and record the mailing on the docket. Judge Nelson S. Roman signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.