Ngono v. Owono
- Paul Gardephe
- 1:21-cv-00095
- U.S. District Court · Southern District of New York
- 2
In Ngono v. Owono, Judge Netburn accepted the amended complaint and set service deadlines for several defendants.
Andre Marie Ngono and the defendants identified for service: Kamara Youssouf, Africa Employment Agency, Luckendy Realty, Travsail Agency, Inc., Access Transportation Services, Inc., and Sable Hub, Inc.
What happened
In Ngono v. Owono, the court deemed Andre Marie Ngono’s proposed Second Amended Complaint accepted. Ngono was proceeding without a lawyer.
The court instructed the Clerk to send Ngono service forms for Kamara Youssouf, Africa Employment Agency, Luckendy Realty, Travsail Agency, Inc., Access Transportation Services, Inc., and Sable Hub, Inc. Ngono had 30 days to return the forms or ask for summonses to be sent directly to him. If he did neither, the court said it may dismiss the action as to those defendants.
Judge Sarah Netburn also stated that Ngono was responsible for completing service within 90 days after summonses were issued and for requesting more time if necessary. The order was dated July 7, 2021.
The detailed version
- Ngono v. Owono · No. 1:21-cv-00095
- Paul Gardephe
- July 7, 2021
Background
Andre Marie Ngono filed a proposed Second Amended Complaint and was proceeding without a lawyer. The order states that the proposed complaint was deemed accepted.
Order
To permit Ngono to serve several defendants through the U.S. Marshals Service, the Clerk of Court was instructed to send him one U.S. Marshals Service Process Receipt and Return form, also called a USM-285 form, for each of these defendants: Kamara Youssouf, Africa Employment Agency, Luckendy Realty, Travsail Agency, Inc., Access Transportation Services, Inc., and Sable Hub, Inc.
Ngono was required to complete and return each form within 30 days of the order. After receiving the completed forms, the Clerk was to issue summonses and provide the necessary paperwork to the Marshals Service. If Ngono did not want to use the Marshals Service, he had to notify the court in writing within 30 days and request that the summonses be issued directly to him.
Service Deadline and Disposition
The court warned that, if Ngono neither returned the forms nor requested summonses within 30 days, it might dismiss the action under Rule 41(b) of the Federal Rules of Civil Procedure as to those defendants. The order also stated that Ngono was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension of time if needed. Judge Sarah Netburn entered the order on July 7, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.