Jordan v. Pierre

Background

The order addressed service of process on defendant Michael Davidson. The court had previously authorized Victor Jordan to use New York Civil Practice Law and Rules § 308(4), which permits “nail and mail” service in specified circumstances. Jordan told the court that he had given the U.S. Marshals Service a current address for Davidson that differed from Davidson’s business address at the Board of Elections.

The docket showed that the Marshals had rejected the service package because the home address was not a “proper business address” under the court’s earlier order. The Marshals had also already made four attempts to serve Davidson at the home address Jordan provided.

Court’s action

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form using the previously provided home address. The Clerk was also directed to issue a new summons and give the Marshals all paperwork needed to attempt service.

The court relied on authorities stating that a plaintiff authorized to proceed without paying filing fees may rely on the court and the Marshals to effect service. It extended the Marshals’ time to serve Davidson until April 13, 2020. The court stated that, if service was not completed by then, Jordan should request an extension of time.

Disposition

Judge John G. Koeltl directed the Clerk to complete the service form and deliver the necessary documents to the Marshals. He directed the Marshals to serve Davidson by “nail and mail” under New York Civil Practice Law and Rules § 308(4), and directed that a copy of the order be mailed to Jordan and noted on the docket. The order did not decide the underlying claims.