Crichlow v. Fischer
- Nelson Roman
- 7:12-cv-07774
- U.S. District Court · Southern District of New York
- 3
Crichlow v. Youssef: Judge Krause arranged service and rescheduled a conference after an amended complaint added defendants.
Kevin Crichlow, the four newly named defendants, the Clerk of Court, the U.S. Marshals Service, and defense counsel.
What happened
In Crichlow v. Youssef, Kevin Crichlow filed a Second Amended Complaint that added Ada Perez, Earl Hughes, Dr. Stolfl, D.D.S., and Doris Barczak as defendants. The opinion states that Crichlow was proceeding without a lawyer and without prepaying filing fees.
The court instructed the Clerk to prepare service paperwork and summonses for Perez and Hughes so the U.S. Marshals Service could serve them. It extended the service deadline for all four newly named defendants to September 29, 2022, while stating that Crichlow had to provide Stolfl’s and Barczak’s addresses for service to occur.
The court also rescheduled a status conference because defense counsel had not appeared. Magistrate Judge Andrew E. Krause ordered the conference for July 15, 2022, and directed defense counsel to arrange for Crichlow to participate by telephone.
The detailed version
- Crichlow v. Fischer · No. 7:12-cv-07774
- Nelson Roman
- July 1, 2022
Background
The court had previously allowed Kevin Crichlow to proceed without prepaying filing fees. It also had allowed him to file a Second Amended Complaint, which he filed on May 19, 2022. That pleading added four defendants: Ada Perez, Earl Hughes, Dr. Stolfl, D.D.S., and Doris Barczak.
Service of Process
To permit service on Perez and Hughes through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the necessary paperwork to the Marshals Service. The court extended the deadline for serving Perez and Hughes until September 29, 2022.
The court stated that service on Stolfl and Barczak could not be completed through the Marshals Service until Crichlow provided their addresses. It also extended their service deadline to September 29, 2022, but noted that their addresses had to be provided well before that date. The court stated that failing to properly serve a defendant by the deadline may result in dismissal of the claims against that defendant.
Status Conference
Defense counsel did not appear at the July 1, 2022 status conference. The court rescheduled the conference for July 15, 2022, at 10:00 a.m., by telephone. It directed defense counsel to arrange for Crichlow, who was proceeding without a lawyer, to be available by telephone from the appropriate correctional facility.
Disposition
The order instructed the Clerk and the U.S. Marshals Service regarding service, extended the service deadlines, and rescheduled the status conference. It did not decide the merits of Crichlow’s claims. Magistrate Judge Andrew E. Krause signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.