Azzarmi v. Catania

Background

Aasir Azzarmi, proceeding without a lawyer, brought a defamation lawsuit under the diversity-of-citizenship statute. He originally named Chris Catania as a defendant. The court had already allowed Azzarmi to proceed without prepaying filing fees, meaning he could rely on the court and the U.S. Marshals Service to serve process. Catania was served on September 14, 2020.

On that same date, Azzarmi filed an amended complaint adding Kristina Kiefer as a defendant. The order addresses service of the amended complaint on Kiefer; it does not decide whether Azzarmi's defamation allegations are legally or factually valid.

Service ruling

The court extended the time for service until 90 days after the summonses were issued. It explained that Azzarmi could not serve the summonses and amended complaint before the court reviewed the amended complaint and ordered that summonses be issued. The court stated that Azzarmi should request an extension if service was not completed within that period.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for Kiefer, issue the summonses, and deliver the necessary paperwork to the Marshals Service. The order also required Azzarmi to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Disposition

Judge Kenneth M. Karas ordered the Clerk to mail Azzarmi a copy of the order and an information package, and to provide the Marshals Service with the documents needed to serve Kiefer. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from this order. The order does not rule on the merits of the defamation suit.