Starostenko v. UBS AG
- Katherine Failla
- 1:19-cv-09993
- U.S. District Court · Southern District of New York
- 4
In Starostenko v. UBS AG Bank, Judge Failla denied counsel without prejudice and ordered steps for serving the defendant.
The order affects pro se plaintiffs Yuri Starostenko and Irina Tsareva by setting service procedures and denying their request for counsel without prejudice; it also concerns service on UBS AG Bank.
What happened
Yuri Starostenko and Irina Tsareva sued UBS AG Bank and are representing themselves. They had permission to proceed without paying court fees and asked the court to appoint a volunteer lawyer.
The court extended the time for service until 90 days after a summons is issued. Because the plaintiffs did not provide a New York service address and the Marshals Service could not serve foreign entities, the court explained how they could either provide an address for Marshals Service assistance or request a summons and use international service procedures.
Judge Katherine Polk Failla denied the request for counsel without prejudice, meaning the plaintiffs may renew it later, because the case was too early for the court to assess its merits. The court also directed the Clerk to send the plaintiffs a service form and information package.
The detailed version
- Starostenko v. UBS AG · No. 1:19-cv-09993
- Katherine Failla
- Nov. 25, 2019
Background
Yuri Starostenko and Irina Tsareva brought this action against UBS AG Bank, invoking federal-question and diversity jurisdiction. They were representing themselves and had already been granted permission to proceed without prepaying court fees. They also asked the court to request volunteer counsel.
Service of Process
Because the plaintiffs were permitted to proceed without prepaying fees, the court explained that they could rely on the court and the U.S. Marshals Service to effect service if the necessary information was provided. The court extended the service deadline until 90 days after the summons is issued because the plaintiffs could not serve the summons and complaint until the court reviewed the complaint and ordered issuance of a summons.
The plaintiffs had not provided a New York address where UBS AG Bank could be served. The court stated that the Marshals Service could not assist with serving foreign entities. The Clerk was therefore directed to mail the plaintiffs a U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form. If the plaintiffs wanted Marshals Service assistance, they were directed to complete and return the form with UBS AG Bank's New York address. Alternatively, they could request that a summons be issued and mailed to them and then serve UBS AG Bank through the appropriate international procedures. The court also directed the plaintiffs to notify the court in writing of any address change and warned that the action could be dismissed if they failed to do so.
Request for Counsel
For an indigent litigant's request for appointed counsel, the court considers the apparent merits of the case, the litigant's efforts to obtain a lawyer, and the litigant's ability to investigate and present the case without assistance. The court stated that the merits receive the most attention. Because the case was too early for the court to assess its merits, it denied the plaintiffs' motion for counsel without prejudice to renewal later.
Disposition
The motion for counsel was denied without prejudice, and the Clerk was directed to terminate that motion. The Clerk was also directed to send the plaintiffs the USM-285 form and an information package. The plaintiffs were alternatively directed to request that a summons be issued and mailed to them.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.