Quick v. D'Agostino's Supermarket Franchise

Background

Desmond Quick filed this action under 42 U.S.C. § 1983 seeking damages. The opinion states that Quick is proceeding without a lawyer and is presently incarcerated at Auburn Correctional Facility. He sued “Dagostinos Supermarket Franchise,” which the court understood to refer to D’Agostino Supermarkets, Inc.; Russell Slick Watson, identified as the manager of the D’Agostino’s store at 633 Columbus Avenue in New York, New York; Detective Isaac Moultry; and Detective Diaz. The court understood the amended complaint to assert claims under 42 U.S.C. § 1981 and state law.

The court had previously allowed Quick to proceed without prepaying filing fees and had ordered service on Watson. After reviewing the Marshal’s Process Receipt and Executed Return of Summons, the court stated that service “suggests” service was not properly completed on Watson.

Court’s Action

Because Quick was permitted to proceed without prepaying fees, the court explained that he was entitled to assistance from the court and the United States Marshals Service in serving the defendants. The court directed service of the amended complaint on Watson.

The court instructed the Clerk of Court to complete a USM-285 service form with Watson’s service address, issue a summons for Watson, and provide the United States Marshals Service with the documents needed to serve Watson with the summons and amended complaint. The court stated that service must be completed within 90 days after summonses are issued. If service is not completed within that period, Quick should request an extension of time.

Disposition

Judge Jeannette A. Vargas ordered service on Russell Slick Watson and issued the related instructions to the Clerk of Court and the United States Marshals Service. The opinion does not decide the merits of Quick’s claims.