FanFan v. M.C.C.
- Lorna Schofield
- 1:21-cv-00704
- U.S. District Court · Southern District of New York
- 2
In Jimmy FanFan v. Kaufman, Judge Schofield ordered U.S. Marshals to serve Kaufman and extended the service deadline.
Jimmy FanFan and Dr. Daniel Kaufman; the order also directed the Clerk of Court and the U.S. Marshals Service to take steps to complete service.
What happened
Jimmy FanFan, who was representing himself and had permission to proceed without paying filing fees in advance, needed to serve Dr. Daniel Kaufman with the lawsuit papers.
The court explained that FanFan could rely on the court and the U.S. Marshals Service to complete service. It extended the deadline until 90 days after the summons was issued because service could not begin earlier.
Judge Schofield ordered the court clerk to prepare the service paperwork, issue the summons, send the necessary documents to the Marshals Service, and mail FanFan a copy of the order. The order also said FanFan should request more time if service was not completed by the deadline.
The detailed version
- FanFan v. M.C.C. · No. 1:21-cv-00704
- Lorna Schofield
- Apr. 12, 2021
Background
Jimmy FanFan was proceeding without a lawyer and had permission to proceed without paying filing fees in advance. The United States Attorney's Office for the Southern District of New York provided an address for Dr. Daniel Kaufman at Discreet Plastic Surgery, 1599 East 15th Street, Brooklyn, New York 11230.
Service of process
Because FanFan had permission to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve Kaufman. Federal Rule of Civil Procedure 4 generally requires service of the summons and complaint within 90 days after the complaint is filed. The court held that this deadline should be extended because FanFan could not have served the papers until the court reviewed the complaint and ordered that a summons be issued.
Order
The court ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Kaufman, issue a summons, and provide the Marshals Service with the documents needed to serve him. The clerk was also ordered to mail FanFan a copy of the order and note the mailing on the docket. The time for service was extended until 90 days after the summons was issued. If service was not completed within that period, FanFan was instructed to request an extension of time. Judge Lorna G. Schofield did not decide the merits of FanFan's claims in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.