Brown v. Automattic

Background

Dora Brown, proceeding without a lawyer, brought claims against Automattic, Bluehost, and Twitter. She invoked federal-question and diversity jurisdiction and alleged breach of contract, fraud, and other state-law claims. The opinion states that an earlier order allowed Brown to proceed without paying filing fees.

Service of process

Because Brown was proceeding without paying filing fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. The court extended that period for Brown until 90 days after the summons was issued, because she could not serve the defendants before the court reviewed the complaint and ordered the summons issued. The court stated that Brown should request more time if service was not completed within that period.

Order

Judge Katherine Polk Failla directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for Automattic Inc., Bluehost, and Twitter, issue a summons, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Brown a copy of the order and an information package. Brown was required to notify the court in writing if her address changed, and the court stated that it could dismiss the action if she failed to do so. The opinion does not rule on the merits of Brown’s claims.