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S.D.N.Y.Procedural orderFiled Mar. 1, 2022

McBride v. C&C Apartment Management LLC

Judge
Ronnie Abrams
Docket
1:21-cv-02989
Court
U.S. District Court · Southern District of New York
Pages
3
Civil Procedure
In one sentence

In McBride v. C&C Apartment Management, Judge Abrams ordered steps to serve the amended complaint on several defendants.

Who this affects

Robert McBride, C&C Apartment Management LLC, Ivo Kello, George Brenton, Septimus Bailey, Luis Torress, and Wilson Esquilín were affected by the service instructions and response deadline; the U.S. Marshals Service and Clerk of Court were directed to carry out service-related tasks.

What happened

In McBride v. C&C Apartment Management LLC, Robert McBride filed a corrected amended complaint after accidentally leaving out pages from an earlier filing.

The court extended C&C Apartment Management LLC and Ivo Kello’s deadline to respond to March 21, 2022. It instructed McBride to mail the complaint to George Brenton and Septimus Bailey, and directed the U.S. Marshals Service to serve Luis Torress and Wilson Esquilin.

Judge Ronnie Abrams ordered these service procedures and told McBride to ask for more time if the Marshals Service did not complete service within 90 days. The order did not decide the claims’ merits.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
McBride v. C&C Apartment Management LLC · No. 1:21-cv-02989
Judge
Ronnie Abrams
Date
Mar. 1, 2022

Background

On February 11, 2022, Robert McBride filed an amended complaint. The court later instructed him to correct the filing because certain pages had been omitted. McBride filed the corrected version on February 28, 2022, which the court called the “second amended complaint.”

Service and Response Deadlines

The court extended the deadline for C&C Apartment Management LLC and Ivo Kello to move, answer, or otherwise respond to the second amended complaint to March 21, 2022.

The court ordered McBride to serve George Brenton and Septimus Bailey by mailing the second amended complaint to their last-known addresses by first-class mail. McBride must file proof of that service on the docket after it is completed.

The court directed service on Luis Torress and Wilson Esquilin through the U.S. Marshals Service at the addresses listed in the order. It instructed the Clerk of Court to prepare the required service forms, issue summonses, and give the necessary paperwork to the Marshals Service. The court stated that McBride was responsible for checking with the Marshals Service about whether service had occurred. If service was not completed within 90 days, the court stated that McBride should request an extension of time.

Disposition

Judge Ronnie Abrams entered an order of service setting these procedures and deadlines. The opinion does not resolve the underlying claims or address whether any defendant is liable.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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