Eaton v. Capital One Bank, N.A.
- Kenneth Karas
- 7:20-cv-05928
- U.S. District Court · Southern District of New York
- 4
In Eaton v. Capital One Bank (USA), N.A., Judge Karas ordered the U.S. Marshals Service to serve Capital One in Eaton’s Equal Credit Opportunity Act case.
Clifford Eaton and Capital One Bank (USA), N.A.; the order also directs the Clerk of Court and the U.S. Marshals Service to arrange service.
What happened
In Eaton v. Capital One Bank (USA), N.A., Clifford Eaton, representing himself, alleged that Capital One closed his accounts without notice or explanation under the Equal Credit Opportunity Act.
Because Eaton had permission to proceed without prepaying court fees, the court said the U.S. Marshals Service would handle service of the lawsuit. The court extended the service deadline until 90 days after the summons was issued.
Judge Kenneth M. Karas directed the Clerk of Court to issue the summons, complete the service forms, and provide the necessary documents to the Marshals Service. The order addressed service and did not decide Eaton’s underlying claim.
The detailed version
- Eaton v. Capital One Bank, N.A. · No. 7:20-cv-05928
- Kenneth Karas
- Aug. 10, 2020
Background
Clifford Eaton, who is incarcerated and representing himself, brought this action under the Equal Credit Opportunity Act. He alleged that Capital One Bank (USA), N.A., closed his accounts without notice or an explanation. The court had previously granted Eaton permission to proceed without prepaying court fees.
Service of the lawsuit
Because Eaton was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the deadline for service until 90 days after the summons was issued, because Eaton could not serve the summons and complaint before the court reviewed the complaint and ordered a summons issued.
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Capital One, issue a summons, and deliver the required documents to the Marshals Service. Eaton was instructed to notify the court in writing if his address changed; the court stated that it might dismiss the action if he failed to do so. A footnote stated that prisoners must still pay the full filing fee even when they are allowed to proceed without prepaying it.
Disposition
Judge Kenneth M. Karas entered an order of service. The order arranged for service of the complaint on Capital One through the U.S. Marshals Service and did not resolve whether Capital One violated the Equal Credit Opportunity Act.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.