Hilton v. Pagani Worldwide LLC
- Vince Chhabria
- 3:19-cv-01848
- U.S. District Court · Northern District of California
- 2
In Hilton v. Pagani Worldwide LLC, Judge Chhabria denied Hilton’s motion asking marshals to serve subpoenas for him.
The ruling affected James Sheldon Hilton’s request to have the United States Marshals Service serve subpoenas on third parties.
What happened
In Hilton v. Pagani Worldwide LLC, James Sheldon Hilton asked the court to order the United States Marshals Service to serve subpoenas on third parties. He relied on his permission to proceed without paying filing fees and on a federal service rule.
The court explained that this status does not make the court responsible for litigation expenses, including subpoena-service costs. The service rule applies to serving a summons and complaint, not to paying for or ordering service of subpoenas.
Judge Vince Chhabria denied Hilton’s motion for service on October 8, 2019.
The detailed version
- Hilton v. Pagani Worldwide LLC · No. 3:19-cv-01848
- Vince Chhabria
- Oct. 8, 2019
Background
Plaintiff James Sheldon Hilton asked the court to order the United States Marshals Service to serve his subpoenas on third parties. He cited an earlier order allowing him to proceed without paying filing fees, 28 U.S.C. § 1915, and Federal Rule of Civil Procedure 4(c)(3).
Court’s reasoning
The court held that permission to proceed without paying filing fees does not require the court to finance litigation-related expenses, including the costs of serving subpoenas. The court also explained that Rule 4(c)(3) concerns service of the summons and complaint. It does not authorize the court to pay for or order service of subpoenas.
Disposition
Judge Vince Chhabria denied Hilton’s motion for service. The opinion does not state that the motion was denied with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.