Basile v. New York City, NY

Background

Christopher Basile had been granted permission to proceed in forma pauperis, meaning he could rely on the court and the U.S. Marshals Service to carry out service of process. The court explained that Federal Rule of Civil Procedure 4 generally requires service within 90 days after filing, but Basile could not have served the summons and complaint until the court reviewed the complaint and ordered a summons to issue.

Service Deadline

The court extended the service deadline until 90 days after the summons was issued. It stated that, if service was not completed within that period, Basile should request an extension of time. The court also noted that, when an in-forma-pauperis plaintiff provides enough information to identify a defendant, the Marshals Service’s failure to complete service automatically constitutes good cause for an extension under the cited appellate decision.

Order

To allow service through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Mike Avellino, Anthony Sabella, Christopher Soto, Anthony Mongelli, Phyllis Smith, and Frank Celentano. The Clerk was also instructed to issue a summons and provide the Marshals Service with the paperwork needed to serve those defendants. The order attached last known addresses supplied by The Madison Square Garden Company.

Disposition and Scope

This was an order concerning service of process and the service deadline. It did not decide the merits of Basile’s claims or state a disposition of the underlying lawsuit. The opinion was signed by Judge Edgardo Ramos on November 18, 2019.