Tatum v. City of New York

Background

Wayne Tatum had been granted permission to proceed without paying court fees. In such cases, federal law and court rules require the court to direct the U.S. Marshals Service to serve the summons and complaint when necessary. Generally, service must be completed within 90 days after the summons is issued, although the plaintiff may request more time.

On April 21, 2020, the court found good cause to extend the service deadline for Nikkal Barnes and others. On December 1, 2020, counsel for the “City Defendants” told the court that a law firm likely to represent Barnes had provided a service address for Barnes: 306 West 94th Street, New York, New York 10025.

Court’s Action

The court found that good cause continued to exist to extend the time for serving Barnes. It instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Barnes, issue a summons, and give the Marshals Service the paperwork needed to serve Barnes at the listed address.

The Clerk was also directed to mail a copy of the order to Tatum and note the mailing on the docket. Tatum was required to notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to provide that notice.

Disposition

Judge John P. Cronan entered an order extending the time to serve Nikkal Barnes and directing service through the U.S. Marshals Service. The order addressed service of process and did not decide the underlying claims.