Henneberry v. Borstein
- Nelson Roman
- 7:25-cv-05905
- U.S. District Court · Southern District of New York
- 1
In Henneberry v. Borstein, Judge Roman denied without prejudice a pro se plaintiff’s request for alternative service and required proof of diligent service efforts.
The ruling affects Janisa Josefina Lanzaro-Brunstein’s attempt to serve the defendants by alternative means. The court required additional evidence before considering that request.
What happened
In Henneberry v. Borstein, Janisa Josefina Lanzaro-Brunstein asked the court to allow alternative service after unsuccessful attempts to serve the defendants. She proposed service through the Florida Secretary of State, certified mail, and email.
The court denied the request without prejudice. It said the plaintiff first had to show good cause, including reasonable diligence in trying to complete service under federal and state law.
Judge Nelson Roman directed the plaintiff to submit a sworn declaration or affirmation describing her service efforts. The clerk was also directed to terminate motions numbered 131 and 150 and mail the order to the pro se plaintiff.
The detailed version
- Henneberry v. Borstein · No. 7:25-cv-05905
- Nelson Roman
- Nov. 25, 2025
Background
Janisa Josefina Lanzaro-Brunstein, proceeding without a lawyer, moved for permission to use alternative service after failed attempts to serve the defendants. She stated that the registered-agent address was not operational and that attempts by Rolando Mir were unsuccessful. She requested combined alternative service through the Florida Secretary of State, certified mail, and email.
Ruling
The court denied the request without prejudice. It required the plaintiff first to demonstrate good cause for substituting alternative service. The court explained that a good-cause extension requires a showing of reasonable diligence in trying to serve a defendant properly under federal and state law.
Required Filing and Clerk’s Directions
Judge Nelson Roman directed the plaintiff to submit a sworn declaration or affirmation explaining her efforts to serve the defendants. The clerk was directed to terminate the motions at docket numbers 131 and 150, mail the order to the pro se plaintiff at the address listed on the electronic docket, and record the mailing on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.