Washington v. Chase Bank N.A.
- Lewis Liman
- 1:22-cv-01540
- U.S. District Court · Southern District of New York
- 3
In Washington v. Chase Bank N.A., Judge Liman ordered the Marshals Service to serve the defendants and extended the service deadline.
Sandra A. Washington, Chase Bank N.A., JP Morgan Chase, Todd Steinhaus, the Clerk of Court, and the U.S. Marshals Service.
What happened
Washington v. Chase Bank N.A. concerns Sandra A. Washington’s case against Chase Bank N.A., JP Morgan Chase, and Todd Steinhaus. The opinion says Washington had permission to proceed without paying filing fees, so the court and the U.S. Marshals Service would handle service of the lawsuit.
The court explained that the usual 90-day deadline for serving the complaint could not begin in the ordinary way because summonses had not yet been issued. It extended the deadline to 90 days after the summonses are issued and said Washington should ask for more time if service is not completed by then.
Judge Lewis J. Liman directed the Clerk of Court to prepare service forms, issue summonses, and provide the necessary documents to the Marshals Service for service on the three defendants. The court also required Washington to report any address change and said the case could be dismissed if she failed to do so. The order did not decide the underlying claims.
The detailed version
- Washington v. Chase Bank N.A. · No. 1:22-cv-01540
- Lewis Liman
- Mar. 18, 2022
Background
Sandra A. Washington brought this case against Chase Bank N.A., JP Morgan Chase, and Todd Steinhaus. The opinion states that Washington had been granted permission to proceed without paying filing fees. In such cases, the court must direct the U.S. Marshals Service to serve the summons and complaint.
Service of Process
Federal Rule of Civil Procedure 4 generally requires service of the summons and complaint within 90 days after the complaint is filed. The court determined that Washington could not have served the defendants before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period until 90 days after the summonses are issued.
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the required paperwork to the Marshals Service. The court stated that Washington should request an extension of time if service is not completed within the extended period.
Other Requirements and Disposition
The court required Washington to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so. The Clerk was also directed to mail Washington a copy of the order and an information package.
Judge Lewis J. Liman’s order addressed service procedures only. It did not resolve the merits of Washington’s claims against any defendant.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.