Ngambo v. Chase

Background

Jules Ngambo, appearing without a lawyer, brought claims against Chase under the Fair Credit Reporting Act, a federal law concerning credit reporting. The court had previously allowed Ngambo to proceed without prepaying filing fees. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint.

The Marshals Service attempted to serve Chase at the address Ngambo provided. On February 8, 2022, the attempted service was reported as unsuccessful.

Court’s action

Because Ngambo could not serve the amended complaint until the court reviewed it and ordered a summons, the court extended the service period until 90 days after the summons is issued. The court stated that Ngambo should request an additional extension if service is not completed within that period.

The Clerk of Court was directed to issue a summons, complete a U.S. Marshals Service process receipt and return form for Chase, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail the order to Ngambo and record that mailing on the docket. Ngambo was instructed to notify the court in writing of any address change, and the court stated that the action may be dismissed if Ngambo fails to do so.

Ruling and significance

Judge Nelson S. Roman entered a supplemental order arranging another attempt at service and extending the service deadline. The order addressed service procedure and did not decide whether Ngambo’s Fair Credit Reporting Act claims have merit.