Azzarmi v. Catania
- Kenneth Karas
- 7:20-cv-04712
- U.S. District Court · Southern District of New York
- 3
In Azzarmi v. Catania, Judge Karas ordered service through the Marshals Service and extended the service deadline; the defamation claims were not decided.
Aasir Azzarmi and Chris Catania; the Clerk of Court and the U.S. Marshals Service were also directed to take steps concerning service.
What happened
In Azzarmi v. Catania, Aasir Azzarmi, proceeding without a lawyer, brought a defamation lawsuit under the law allowing cases between citizens of different states. The court had already allowed him to proceed without paying filing fees in advance.
Because Azzarmi was proceeding without paying fees, the court said he could rely on the court and the U.S. Marshals Service to serve Chris Catania. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed.
Judge Kenneth M. Karas instructed the Clerk of Court to prepare the service paperwork, issue a summons, and provide the necessary documents to the Marshals Service. The order did not decide whether Azzarmi’s defamation claim was valid.
The detailed version
- Azzarmi v. Catania · No. 7:20-cv-04712
- Kenneth Karas
- Aug. 7, 2020
Background
Aasir Azzarmi, proceeding without a lawyer, filed a defamation lawsuit against Chris Catania and others, invoking the federal statute concerning cases between citizens of different states. In an order dated August 5, 2020, the court allowed Azzarmi to proceed without paying filing fees in advance.
Service of process
The order addressed how the defendants would receive the summons and complaint. Because Azzarmi was allowed to proceed without paying fees, the court explained that he could rely on the court and the U.S. Marshals Service to complete service. Federal law and Rule 4 of the Federal Rules of Civil Procedure generally require service within 90 days after filing the complaint, but the court noted that Azzarmi could not serve the documents until the court reviewed the complaint and ordered that a summons be issued.
The court therefore extended the service deadline to 90 days after the summons is issued. It stated that, if service is not completed within that period, Azzarmi should request an extension of time. The court also explained that a failure by the Marshals Service to complete service can constitute good cause for extending the deadline when the plaintiff has provided the information needed to identify the defendant.
Order
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Chris Catania, issue a summons, and deliver the necessary paperwork to the Marshals Service so it could attempt service. Azzarmi was required to notify the court in writing if his address changed, and the court stated that it could dismiss the action if he failed to do so. Judge Kenneth M. Karas’s order concerned service only; it did not decide the merits of the defamation claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.