Brock v. CVS Corporation
- Vincent Briccetti
- 7:22-cv-04014
- U.S. District Court · Southern District of New York
- 3
In Brock v. CVS Corporation, Judge Briccetti ordered Marshals to serve added defendants and extended the service deadline.
Terrell K. Brock; Leonordo Coronado; Ashley Kamacho; Jose Luis Formoso; CVS Corporation; the City of White Plains; and the U.S. Marshals Service and Clerk, who were directed to carry out service-related tasks.
What happened
In Brock v. CVS Corporation, Terrell K. Brock, who is incarcerated and representing himself without a lawyer, filed a case alleging two false arrests connected to a CVS store and White Plains police officers. He later identified additional defendants and filed a second amended complaint.
The court ordered the Clerk to issue summonses and prepare service paperwork for Leonordo Coronado, Jose Luis Formoso, and Ashley Kamacho, then provide the materials to the U.S. Marshals Service. The court also directed that the City of White Plains Law Department receive the order and second amended complaint.
Judge Vincent L. Briccetti extended the service deadline to 90 days after the summonses are issued because Brock could not serve the papers before the court reviewed his second amended complaint. The order did not decide whether Brock’s false-arrest allegations were valid.
The detailed version
- Brock v. CVS Corporation · No. 7:22-cv-04014
- Vincent Briccetti
- July 20, 2022
Background
Terrell K. Brock, who is incarcerated and proceeding without a lawyer and without paying the filing fee, brought this action on May 16, 2022. He alleges that he was falsely arrested for criminal mischief on April 3, 2020, and again for petit larceny on April 13, 2020, at a CVS store on Mamaroneck Avenue in White Plains, New York.
The court had previously dismissed the White Plains Department of Public Safety and directed the U.S. Marshals Service to serve the remaining defendants. Brock later told the court that he had learned the full name of the CVS manager previously identified as “Leo” and the name of one previously unidentified White Plains police officer. The court directed him to file another amended complaint. His second amended complaint identified Leonordo Coronado as the manager, Jose Luis Formoso as a White Plains police officer, and Ashley Kamacho as a CVS employee whom he alleges falsely accused him of shoplifting, leading to his April 3 arrest.
The court’s order
Because Brock is proceeding without paying the filing fee, he may rely on the court and the U.S. Marshals Service to carry out service of process, meaning formal delivery of the lawsuit papers to the defendants. The court instructed the Clerk to issue summonses for Leonardo Coronado, Jose Luis Formoso, and Ashley Kamacho; complete the Marshals Service forms with their addresses; and deliver the necessary paperwork to the Marshals Service.
The court also directed that a copy of the order and the second amended complaint be mailed to the City of White Plains Law Department. The court extended the usual 90-day service period to 90 days after the summonses are issued because Brock could not serve the summonses and complaint before the court reviewed the second amended complaint and ordered the summonses issued. The court stated that Brock should request more time if service is not completed within that period.
Disposition and significance
This was an amended order concerning service of process. It did not decide the merits of Brock’s allegations or determine whether any defendant falsely arrested him or otherwise violated his rights. The classification is procedural because the order addressed how the case would proceed, not who was legally right on the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.