Larkin v. Trans Union, LLC
- Andrew Carter
- 1:19-cv-08349
- U.S. District Court · Southern District of New York
- 4
In Larkin v. Trans Union, Judge Cott allowed an amended complaint and ordered Marshals service for two added defendants.
Matthew J. Larkin, Equifax Information Services, LLC, and Simon’s Agency, Inc.; the order also directed actions by the Clerk of Court and the U.S. Marshals Service.
What happened
In Larkin v. Trans Union, LLC, Matthew J. Larkin, who is incarcerated and representing himself, sued several defendants under the Fair Credit Reporting Act.
Larkin asked to add Equifax Information Services, LLC, and Simon’s Agency, Inc. as defendants. He had permission to proceed without paying court fees in advance, so he could use the U.S. Marshals Service to serve those defendants.
Judge James L. Cott granted permission to amend the complaint, directed the Clerk to docket the proposed complaint, and ordered paperwork prepared for Marshals service. He also extended the service deadline to 90 days after summonses are issued and denied fee-free status for an appeal from this order.
The detailed version
- Larkin v. Trans Union, LLC · No. 1:19-cv-08349
- Andrew Carter
- Dec. 19, 2019
Background
Matthew J. Larkin, who was incarcerated and proceeding without a lawyer, brought claims against several defendants under the Fair Credit Reporting Act, a federal law governing credit-reporting practices. The court had previously allowed him to proceed without paying fees in advance, although the order noted that prisoners remain responsible for the full filing fee under the applicable statute.
On December 10, 2019, Larkin moved for permission to amend his complaint. The proposed amended complaint added Equifax Information Services, LLC, and Simon’s Agency, Inc. as defendants.
Rulings
The court granted Larkin’s motion to amend. It directed the Clerk of Court to docket the attachment to the motion as the amended complaint.
Because Larkin had permission to proceed without paying fees in advance, the court directed the Clerk and the U.S. Marshals Service to handle service of the amended complaint on Equifax Information Services, LLC, and Simon’s Agency, Inc. The court extended the service deadline to 90 days after summonses are issued. It stated that Larkin should ask for more time if service is not completed within that period.
The order also required Larkin to notify the court in writing if his address changes and stated that the case could be dismissed if he failed to do so. Finally, the court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from this order.
Disposition
The motion to amend was granted. The amended complaint was ordered docketed, and the Clerk was directed to prepare and send the documents needed for Marshals service on the two added defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.