Eaton v. Innovis Data Solution, Inc.

Background

Clifford Eaton, who is incarcerated at FCI Otisville and is proceeding without a lawyer, brought claims under the Fair Credit Reporting Act and the New York Fair Credit Reporting Act. He alleges that Innovis Data Solutions, Inc. and Trans Union, LLC repeatedly reported inaccurate information on his credit report. In an earlier order dated January 22, 2021, the court allowed Eaton to proceed without paying court fees upfront.

Service of process

The order addressed service of process—the formal delivery of the lawsuit papers to the defendants. Because Eaton was allowed to proceed without paying fees upfront, the court determined that he could rely on the court and the U.S. Marshals Service to serve the defendants. Although the usual deadline is 90 days after the complaint is filed, the court extended Eaton’s service deadline to 90 days after the summonses are issued because he could not serve the summonses and complaint before the court reviewed the complaint and ordered that the summonses be issued.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary paperwork to the Marshals Service. The order identifies service addresses for Trans Union, LLC and Innovis Data Solutions, Inc. If service is not completed within the extended period, Eaton was told to request an extension of time. Eaton must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Disposition

Judge Vincent L. Briccetti ordered the Clerk of Court to mail Eaton the order and an information package and to arrange for service through the U.S. Marshals Service. The order concerned the mechanics and timing of service and did not decide the merits of Eaton’s credit-reporting claims.