Mombrun v. The New York Hotel Pension Fund
- Paul Gardephe
- 1:22-cv-04970
- U.S. District Court · Southern District of New York
- 3
In Mombrun v. The New York Hotel Pension Fund, Judge Gardephe ordered Marshals Service of the defendants and denied fee-free status for any appeal.
Marie S. Mombrun, The New York Hotel Pension Fund, and Matthew E. Kelerchian; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the defendants.
What happened
Marie S. Mombrun, representing herself, sued The New York Hotel Pension Fund and Matthew E. Kelerchian. The court understood her complaint to raise claims under the federal Employment Retirement Income Security Act and had already allowed her to proceed without paying filing fees upfront.
Because Mombrun was proceeding without upfront fees, the court ordered the Clerk to issue summonses and provide the paperwork needed for the U.S. Marshals Service to serve both defendants. Service must occur within 90 days after the summonses are issued, unless Mombrun requests more time.
The order also required Mombrun to notify the court of any address change and certified that an appeal would not be taken in good faith, denying fee-free status for purposes of an appeal. Judge Paul G. Gardephe signed the order.
The detailed version
- Mombrun v. The New York Hotel Pension Fund · No. 1:22-cv-04970
- Paul Gardephe
- July 11, 2022
Background
Marie S. Mombrun, who was appearing without a lawyer, brought the action under the court’s federal-question jurisdiction. The court construed the complaint as asserting claims under the Employment Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, against The New York Hotel Pension Fund and Matthew E. Kelerchian. In an earlier order dated July 6, 2022, the court granted Mombrun permission to proceed without prepaying filing fees.
Service of the Defendants
Because Mombrun was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary documents to the Marshals Service for service on The New York Hotel Pension Fund and Matthew E. Kelerchian.
The court explained that service must be completed within 90 days after the summonses are issued. If service is not completed by then, Mombrun should request an extension of time. The court also directed Mombrun to notify it in writing if her address changes and stated that the action could be dismissed if she failed to do so.
Disposition
The court ordered the Clerk to complete the service forms and deliver the documents to the Marshals Service. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed service and appeal-fee status; it did not decide the merits of Mombrun’s ERISA claims. Judge Paul G. Gardephe signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.