Pinero v. Burlington Coat Factory Warehouse Corporation

Background

Daisy Y. Pinero, appearing without a lawyer, brought state-law claims for negligence and negligent infliction of emotional distress under the court’s diversity-of-citizenship jurisdiction. The opinion states that the court had previously granted her permission to proceed without prepaying filing fees.

Service of Process

Because Pinero was proceeding without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. Although the Federal Rules of Civil Procedure generally require service within 90 days after filing the complaint, the court explained that Pinero could not serve the summonses and complaint until the court reviewed the complaint and ordered summonses issued. The court therefore extended the service deadline until 90 days after the summonses were issued.

The Clerk of Court was directed to prepare a U.S. Marshals Service Process Receipt and Return form for Burlington Coat Factory Warehouse Corporation, Inc. and Burlington Coat Factory of New York, LLC; issue summonses; and deliver the documents needed for the Marshals Service to complete service. The opinion lists service addresses for both defendants.

Other Directions and Disposition

The court required Pinero to notify the court in writing if her address changed and stated that the action could be dismissed if she failed to do so. Kenneth M. Karas directed the Clerk to mail Pinero a copy of the order and an information package. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This was an order arranging service and related procedures; it did not decide the negligence or emotional-distress claims.