Johnson v. Wendy's Restaurant Corporation
- Alison Nathan
- 1:19-cv-08157
- U.S. District Court · Southern District of New York
- 4
In Robert W. Johnson v. Wendys Corporation, Judge Nathan ordered U.S. Marshals to serve defendants after Johnson was allowed to proceed without paying fees.
Robert W. Johnson, the self-represented plaintiff, and Wendys Corporation, Julie Lopez, and Great Lakes Management, LLC, the defendants to be served.
What happened
Robert W. Johnson sued Wendys Corporation, Julie Lopez, and Great Lakes Management, LLC, bringing claims under federal and state law. He was representing himself and had already been allowed to proceed without paying court fees.
Judge Nathan directed the Clerk of Court to issue summonses, complete service forms, and provide the required documents to the U.S. Marshals Service. The court extended the service deadline to 90 days after the summonses are issued.
The order did not decide whether Johnson’s claims were valid. Judge Alison J. Nathan also required Johnson to notify the court of any address change and directed that a copy of the order and an information package be sent to him.
The detailed version
- Johnson v. Wendy's Restaurant Corporation · No. 1:19-cv-08157
- Alison Nathan
- Jan. 14, 2020
Background
Robert W. Johnson filed claims under federal and state law against Wendys Corporation, Julie Lopez, and Great Lakes Management, LLC. The opinion states that Johnson appeared without a lawyer. In an earlier order dated November 10, 2019, the court allowed him to proceed without prepaying court fees, a status commonly called proceeding in forma pauperis.
Service of the defendants
Because Johnson had that fee-waiver status, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants with the summonses and amended complaint. The court extended the usual 90-day service period until 90 days after the summonses for the defendants are issued. If the amended complaint is not served within that period, the opinion says Johnson should ask for more time.
The court instructed the Clerk of Court to issue summonses for Wendys Corporation, Julie Lopez, and Great Lakes Management, LLC; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and deliver the necessary documents to the Marshals Service. The opinion also requires Johnson to notify the court if his address changes and states that the court may dismiss the action if he fails to do so.
Disposition
Judge Alison J. Nathan ordered the Clerk of Court to take the listed steps so the Marshals Service could serve the defendants. This was an order about starting service of the lawsuit, not a decision on the merits of Johnson’s federal or state-law claims. The court also directed that the order and an information package be mailed to Johnson.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.