Kollias v. Lobue

Background

Danielle Kollias brought this action without a lawyer. The opinion says she asserted claims under the Fair Labor Standards Act, claims for race discrimination, and state-law defamation claims against Tina Marie Lobue, Demetra Doumas, Alexander Doumas, and Maria Kollia. In an earlier order, the court allowed Kollias to proceed without paying filing fees.

Service of process

Because Kollias was proceeding without paying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. Normally, Federal Rule of Civil Procedure 4(m) requires service within 90 days after the complaint is filed. The court ruled that Kollias could not have served the defendants before the court reviewed the complaint and ordered summonses to be issued. It therefore extended the service deadline until 90 days after the summonses were issued.

The court stated that if the complaint was not served within that period, Kollias should request an extension of time. It also required Kollias to notify the court in writing if her address changed and warned that the action could be dismissed if she failed to do so.

Order

Judge Vincent L. Briccetti directed the clerk to issue summonses for all four defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and deliver the necessary documents to the U.S. Marshals Service. The clerk was also directed to mail Kollias a copy of the order and an information package. This order concerns service of the lawsuit and does not resolve the underlying claims.