Williams v. FedEx

Background

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

Service of process

Because Williams was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court noted that the usual rule requires service within 90 days after filing the complaint, but Williams could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued.

The court therefore extended the service period to 90 days after the summons is issued. It stated that, if service was not completed within that period, Williams should request an extension of time.

Court’s instructions

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Federal Express Corporation, issue a summons, and send the necessary paperwork to the Marshals Service. The opinion lists the service address for Federal Express Corporation as 3620 Hacks Cross Road, Building B, Second Floor, Memphis, Tennessee 38125, with Robbin Wilson Hutton, Esq., listed in connection with that address.

The court also stated that Williams must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so. The Clerk was directed to mail Williams the order and an information package. Judge Ronnie Abrams signed the order. This order addressed service and case administration; it did not decide whether Williams’s firing violated the Sarbanes-Oxley Act.