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S.D.N.Y.Procedural orderFiled June 15, 2022

Bey v. Mazda Motor of America, Inc.

Judge
James Oetken
Docket
1:22-cv-03328
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

In Bey v. Mazda Motors, Judge Oetken ordered summonses issued and required service within 90 days.

Who this affects

Tamerlane T. Bey III and the named defendants—Mazda Motors of America, Inc., Denso Corp., and Denso International America, Inc.—are affected by the service requirements. The order also means the matter will not be treated as a potential class action.

What happened

In Bey v. Mazda Motors of America, Inc., the court directed the Clerk to issue summonses for the three named defendants: Mazda Motors of America, Inc., Denso Corp., and Denso International America, Inc.

The court directed Tamerlane T. Bey III to deliver the summonses and complaint to the defendants within 90 days after the summonses are issued. If he does not do so or request more time, the court may dismiss the claims for failure to move the case forward. The court also said it would not treat the matter as a class action because Bey is representing himself and cannot represent other people.

Judge J. Paul Oetken entered this order of service on June 15, 2022. The order does not decide the underlying claims; it sets the requirements for serving the defendants.

The detailed version

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

Case
Bey v. Mazda Motor of America, Inc. · No. 1:22-cv-03328
Judge
James Oetken
Date
June 15, 2022

Nature of the Order

This is an order of service. It addresses the steps needed to formally notify the defendants about the lawsuit and does not decide whether Bey's claims are legally valid.

Court's Directives

The Clerk of Court was directed to issue a summons as to Mazda Motors of America, Inc., Denso Corp., and Denso International America, Inc. Bey was directed to serve the summons and complaint on the defendants within 90 days after the summonses are issued.

The court stated that, if Bey does not serve the defendants or request an extension of time within that period, it may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute, meaning failure to move the case forward.

Class-Action Treatment

The court stated that, because Bey is proceeding without a lawyer and cannot act on behalf of other people, it would not treat the matter as a potential class action.

Disposition

Judge Oetken ordered the summonses issued and set the service requirement. The court did not dismiss the case or rule on the merits of the claims in this order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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