Evans v. 84 West 188 Realty LLC
- John Koeltl
- 1:19-cv-05012
- U.S. District Court · Southern District of New York
- 3
In Evans v. 84 West 188 Realty LLC, Judge Koeltl ordered renewed Marshals service after an earlier attempt failed and extended the service deadline.
Jenal Evans, 84 West 188 Realty, LLC, the Clerk of Court, and the U.S. Marshals Service.
What happened
Jenal Evans had permission to proceed without paying filing fees, so the court said he could rely on the U.S. Marshals Service to serve 84 West 188 Realty, LLC.
The Marshals Service had previously tried and failed to serve the defendant. The court extended the service deadline to 90 days after the summons is issued and directed the Clerk of Court to prepare new service forms and paperwork using the defendant’s listed Bronx address.
Judge John G. Koeltl ordered the Clerk to deliver the documents to the Marshals Service and mail a copy of the order to Evans. The order also required Evans to notify the court of any address change.
The detailed version
- Evans v. 84 West 188 Realty LLC · No. 1:19-cv-05012
- John Koeltl
- Jan. 31, 2020
Background
Jenal Evans was allowed to proceed without prepaying court fees. In such cases, the court explained, the plaintiff may rely on the U.S. Marshals Service to serve the summons and complaint. The Marshals Service had already attempted service on 84 West 188 Realty, LLC, but that attempt was unsuccessful.
Service deadline and instructions
The court extended the time for service to 90 days after the summons is issued. It instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for 84 West 188 Realty, LLC, issue a summons, and provide the Marshals Service with the paperwork needed to attempt service at 3677 E. Tremont Ave., Bronx, New York 10465.
The court stated that Evans should ask for an extension if service is not completed within that period. It also required him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Ruling
Judge John G. Koeltl ordered the Clerk to complete the service forms, deliver the necessary documents to the U.S. Marshals Service, mail Evans a copy of the order, and note that mailing on the docket. The order addressed service procedures and did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.