Zonis v. Grubman

Background

Peter Zonis, appearing without a lawyer, brought claims against Lizzie Grubman, Howard Lorber, and Neil Sroka. The opinion says that Zonis invoked federal-question jurisdiction and asserted copyright-infringement claims under the Copyright Act, along with state-law claims. The court had previously granted Zonis permission to proceed without prepaying filing fees.

Service of process

Because Zonis was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue a summons, and provide the Marshals Service with the documents needed for service.

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. The court extended that period for Zonis because he could not serve the defendants until the court reviewed the complaint and ordered a summons. The new period was 90 days after the summons was issued. The court stated that if service was not completed within that period, Zonis should request an extension of time. The order also required Zonis to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Ruling

Judge Jesse M. Furman ordered the Clerk of Court to mail Zonis a copy of the order and an information package, complete the service forms using the listed addresses, and deliver the required documents to the U.S. Marshals Service. The order addressed service of process and did not decide the copyright or state-law claims.