Samaroo v. The Bank of New York Mellon

Background

Karamchand Samaroo filed a lawsuit against The Bank of New York Mellon under the Sarbanes-Oxley Act, 18 U.S.C. § 1514A. He alleges that his employer fired him for reporting misconduct. The opinion addresses service of the lawsuit, not whether that allegation is legally valid.

The court had granted Samaroo permission to proceed without paying the filing fee. In such cases, federal law and the Federal Rules of Civil Procedure require the court to direct the U.S. Marshals Service to serve the summons and complaint when the plaintiff provides the information needed to identify the defendant.

Service Deadline

The usual deadline for serving a summons and complaint is 90 days after the complaint is filed. The court explained that Samaroo could not have served the papers before the court reviewed the complaint and ordered a summons. It therefore extended the service period to 90 days after the summons is issued. The court stated that Samaroo should request more time if service is not completed within that period.

Order

The court directed the Clerk of Court to issue a summons, complete the U.S. Marshals Service Process Receipt and Return form for The Bank of New York Mellon, and deliver the required papers to the Marshals Service so it can serve the defendant. The clerk was also directed to mail Samaroo a copy of the order and an information package.

The order requires Samaroo to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so. The court also encouraged people proceeding without lawyers to file documents by email or, if unable to use email, by mail or in person. Judge Analisa Torres signed the order.