King v. Nike Store
- Gregory Woods
- 1:20-cv-05160
- U.S. District Court · Southern District of New York
- 2
In King v. Nike Store, Judge Woods reminded Shauna King to provide accurate service information before the November 24, 2020 deadline.
Shauna King, who was responsible for providing accurate information for service on Nike Store.
What happened
Shauna King started King v. Nike Store on July 6, 2020, and received permission to proceed without paying filing fees.
The court extended the time for service until November 24, 2020. Although the U.S. Marshals Service handles service in cases like this, King had to provide accurate information. Her summons was returned unexecuted after she apparently provided an incorrect address for Nike Store.
Judge Gregory H. Woods reminded King that she was responsible for giving the Marshals Service accurate information so service could be completed before the deadline. The order did not state that the case was dismissed.
The detailed version
- King v. Nike Store · No. 1:20-cv-05160
- Gregory Woods
- Sept. 15, 2020
Background
Shauna King initiated this case on July 6, 2020. The court allowed her to proceed without paying filing fees, a status known as proceeding in forma pauperis, or IFP. The court later extended the service deadline to 90 days after the summons was issued. The summons was issued on August 26, 2020, making November 24, 2020 the service deadline.
Service Requirements
Federal Rule of Civil Procedure 4(m) provides that, if a defendant is not served within the required period, the court must dismiss the action without prejudice or order that service occur within a specified time. In IFP cases, the plaintiff may rely on the court and the U.S. Marshals Service to carry out service. The opinion explains, however, that the plaintiff must provide enough accurate information to identify or locate the defendant.
The summons for Nike Store was returned to the Marshals Service unexecuted on September 10, 2020. The court stated that King appeared to have provided an incorrect address.
Order
Judge Gregory H. Woods reminded King that she was responsible for providing the Marshals Service with accurate information so service could be completed by November 24, 2020. The stated action in this order was a reminder about service responsibilities; the opinion did not state that the case was dismissed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.