Wynn v. Regus Management Group LLC
- Nelson Roman
- 7:21-cv-03503
- U.S. District Court · Southern District of New York
- 12
In Wynn v. Sanders, Judge Nelson S. Roman dismissed claims against Allen Humphries without prejudice and ordered service on the other defendants.
Eric Wynn’s claims against Allen Humphries were dismissed without prejudice, with permission to replead; David Sanders and Tucker Albin & Associates were subject to service through the U.S. Marshals Service.
What happened
In Eric Wynn’s case against David Sanders, Tucker Albin & Associates, and Allen Humphries, Wynn brought claims under the Fair Debt Collection Practices Act and was allowed to proceed without prepaying court fees. The court reviewed the complaint because that permission requires screening of the claims.
The complaint named Allen Humphries in its caption but did not allege what Humphries did or how he harmed Wynn. The court therefore dismissed the claims against Humphries without prejudice and allowed Wynn to file a second amended complaint alleging Humphries’s involvement. The court also directed the Clerk and the U.S. Marshals Service to serve Sanders and Tucker Albin & Associates, extending the service period to 90 days after summonses are issued.
Judge Nelson S. Roman entered an order of service: the claims against Humphries were dismissed with leave to replead, while the paperwork for serving Sanders and Tucker Albin & Associates was ordered prepared and delivered to the Marshals Service.
The detailed version
- Wynn v. Regus Management Group LLC · No. 7:21-cv-03503
- Nelson Roman
- June 30, 2021
Background
Eric Wynn, representing himself, brought an action under the Fair Debt Collection Practices Act. The court had previously allowed him to proceed without prepaying filing fees, a status commonly called proceeding without prepayment of fees or IFP. Because Wynn had that status, the court was required to screen the complaint and dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.
Allen Humphries
Wynn named Allen Humphries as a defendant in the caption, but the complaint’s body did not allege any facts about Humphries or explain how Humphries violated the law or injured Wynn. The court dismissed the claims against Humphries without prejudice. It gave Wynn permission to file a second amended complaint alleging facts showing Humphries’s involvement in the events on or before August 6, 2021. The court explained that any amended complaint would replace the current complaint and should include all allegations Wynn wanted the court to consider.
The order stated that if Wynn did not amend the complaint or request more time by August 6, 2021, the court might dismiss the claims against Humphries with prejudice. The order itself did not dismiss those claims with prejudice.
Service on the Other Defendants
Because Wynn was allowed to proceed without prepaying fees, the court directed the U.S. Marshals Service to serve David Sanders and Tucker Albin & Associates. The court extended the service deadline to 90 days after the summonses were issued, rather than 90 days after the complaint was filed. The Clerk of Court was directed to prepare the required service forms, issue the summonses, and provide the necessary documents to the Marshals Service.
The court also instructed Wynn to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.
Disposition
The court dismissed the claims against Allen Humphries with leave to replead and ordered the Clerk and Marshals Service to take steps to serve David Sanders and Tucker Albin & Associates. The order did not decide whether Wynn’s Fair Debt Collection Practices Act claims were ultimately valid.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.