Williams v. FedEx

Background

Christopher Ambrose Williams, appearing without a lawyer, sued Federal Express Corporation. He alleged that his employer unlawfully fired him for engaging in activity protected by the Sarbanes-Oxley Act, 18 U.S.C. § 1514A. The opinion states that the court had previously granted Williams permission to proceed without prepaying filing fees.

Service of Process

Because Williams was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. Federal Rule of Civil Procedure 4(m) ordinarily requires service within 90 days after the complaint is filed. The court extended that period for Williams until 90 days after the summons is issued, explaining that he could not serve the summons and complaint before the court reviewed the complaint and ordered a summons issued.

The court stated that if service is not completed within that period, Williams should request an extension of time. It also noted that a plaintiff proceeding without prepaying fees may have good cause for an extension when the Marshals Service fails to serve the defendant, provided the plaintiff supplied the information needed to identify the defendant.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Federal Express Corporation, issue a summons, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Williams an information package. Williams was required to notify the court in writing if his address changed, and the court stated that it may dismiss the action if he failed to do so. Judge Ronnie Abrams did not rule on the merits of Williams’s Sarbanes-Oxley claim.