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S.D.N.Y.Procedural orderFiled Jan. 29, 2020

Henderson v. Golden Corral Systems, Inc.

Judge
Nelson Roman
Docket
7:19-cv-02878
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Henderson v. Golden Corral Systems, Judge Roman directed the Clerk and Marshals Service to help serve two defendants.

Who this affects

Sherrance Henderson, Niral A. Patel, Anthony P. Segreti, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Henderson v. Golden Corral Systems, Inc., Sherrance Henderson, representing himself, told the court that earlier attempts to serve Niral A. Patel and Anthony P. Segreti had failed. He provided updated addresses for both defendants.

The court directed the Clerk of Court to prepare the required service forms, issue a summons, and give the necessary papers to the U.S. Marshals Service so service could be attempted on Patel and Segreti. Henderson remains responsible for making sure service occurs within 90 days after the summons is issued or requesting more time if needed.

Judge Nelson S. Roman also directed the Clerk to mail Henderson a copy of the order and record proof of mailing on the docket. The order addressed service procedures and did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Henderson v. Golden Corral Systems, Inc. · No. 7:19-cv-02878
Judge
Nelson Roman
Date
Jan. 29, 2020

Background

Sherrance Henderson, proceeding without a lawyer, brought the action against John Craig, Golden Corral Systems, Inc., Golden Corral/Niral Patel, Niral Patel, Anthony Segreti, TD Bank, Lance Trenary, and the United States Small Business Administration. The court had previously allowed Henderson to serve several defendants through the U.S. Marshals Service. Service had not been completed on Niral Patel and Anthony Segreti.

Henderson later gave the court updated addresses for Niral A. Patel and Anthony P. Segreti.

Ruling

The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for Patel and Segreti, issue a summons, and provide the Marshals Service with the paperwork needed to attempt service. The court stated that Henderson was responsible for ensuring service within 90 days after the summons was issued and, if necessary, requesting an extension of time.

Judge Nelson S. Roman also directed the Clerk to mail Henderson a copy of the order and record proof of service on the docket. This supplemental order concerned service of process; it did not resolve the merits of Henderson's claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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