Abrahall v. Open Source Matters, Inc.
- Ronnie Abrams
- 1:22-cv-04086
- U.S. District Court · Southern District of New York
- 3
In Abrahall v. Open Source Matters, Judge Abrams ordered the U.S. Marshals Service to serve the defendant after allowing Abrahall to proceed without paying court fees.
Rowan Hoskyns Abrahall and Open Source Matters Inc.; the order directs court personnel and the U.S. Marshals Service to serve the defendant.
What happened
In Abrahall v. Open Source Matters Inc., Rowan Hoskyns Abrahall, who is representing themself, alleges defamation, publication of private facts, and intentional infliction of emotional distress under federal diversity jurisdiction.
The court had allowed Abrahall to proceed without paying court fees. The order therefore directs the U.S. Marshals Service to serve Open Source Matters Inc. and gives Abrahall 90 days after the summons is issued for service; Abrahall may request more time if service is not completed.
Judge Ronnie Abrams also instructed Abrahall to report any address change and directed the Clerk of Court to prepare and send the documents needed for service. The order does not decide whether the allegations are legally valid.
The detailed version
- Abrahall v. Open Source Matters, Inc. · No. 1:22-cv-04086
- Ronnie Abrams
- June 7, 2022
Background
Rowan Hoskyns Abrahall is appearing without a lawyer and brings claims for defamation, publication of private facts, and intentional infliction of emotional distress. The complaint invokes federal diversity jurisdiction under 28 U.S.C. § 1332. The court had previously granted Abrahall permission to proceed without prepaying court fees.
Service of Process
Because Abrahall was permitted to proceed without prepaying fees, the court explained that Abrahall may rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the service period to 90 days after the summons is issued, rather than 90 days after the complaint was filed. If service is not completed within that period, Abrahall should request an extension of time.
The Clerk of Court was instructed to complete a U.S. Marshals Service process receipt and return form for Open Source Matters Inc., mail Abrahall an information package, issue the summonses, and provide the Marshals Service with the documents needed to serve the defendant. Abrahall must notify the court in writing of any address change, and the court stated that it may dismiss the action if Abrahall fails to do so.
Ruling
Judge Ronnie Abrams entered an order directing the Clerk of Court and the U.S. Marshals Service to assist with service on Open Source Matters Inc. This order concerns service procedure and does not resolve the merits of Abrahall’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.