Peralta v. Universal Protection Service, LLC

Background

Robinson Peralta was allowed to proceed without paying filing fees in advance. The court explained that, because of that permission, he could rely on the court and the U.S. Marshals Service to serve the defendants. The court had ordered summonses issued on November 4, 2020, and extended the service period to 90 days after the summonses were issued.

Service instructions

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Universal Protection Services, LLC, doing business as Allied Universal, and to send the summons and other necessary paperwork to the Marshals Service. The order lists an address for that defendant at 111 Eighth Avenue, New York, New York 10011.

Peralta requested an extension of time to serve the defendants until 60 days after defendant companies provided addresses where service could be made. The court determined that request was premature. Based on the November 4 summons date, the court stated that Peralta had until February 2, 2021, to serve the defendants. Because of delays in service, it adjourned the initial conference from December 17, 2020, to February 4, 2021, at 9:30 a.m.

Disposition

Judge George B. Daniels ordered the Clerk to complete the service forms and deliver the documents needed for service to the U.S. Marshals Service. The opinion did not decide the merits of Peralta’s claims or state a disposition of any claim against the defendants.