Colliton v. DraftKings Inc.
- Cathy Seibel
- 7:22-cv-06093
- U.S. District Court · Southern District of New York
- 4
In Colliton v. DraftKings, Judge Seibel ordered Marshals service and required Claudia Colliton to confirm she personally brought the lawsuit.
Claudia Colliton and DraftKings Inc.; the order also addresses whether Mr. Colliton may act on Claudia Colliton's behalf.
What happened
In Colliton v. DraftKings Inc., Claudia Colliton, who is representing herself, alleged that DraftKings violated her rights. The court understood her complaint to assert claims under 42 U.S.C. § 1981 and state law, but this order did not decide those claims.
Because Colliton was allowed to proceed without paying court fees in advance, the court directed the Clerk and the U.S. Marshals Service to issue and serve the summons and complaint on DraftKings. The court said service must occur within 90 days after the summons is issued, and Colliton should request more time if service is not completed.
Judge Cathy Seibel also required Colliton to confirm in her own writing by August 11, 2022, that she is personally bringing the lawsuit. The court raised concerns that her husband may have drafted or signed the complaint and stated that he could not bring claims for her unless he is admitted to practice in that court. The Clerk was directed to issue the summons and mail Colliton an information package.
The detailed version
- Colliton v. DraftKings Inc. · No. 7:22-cv-06093
- Cathy Seibel
- July 28, 2022
Background
Claudia Colliton, appearing without a lawyer, brought an action against DraftKings Inc. alleging that DraftKings violated her rights. The court construed the complaint as asserting claims under 42 U.S.C. § 1981 and state law. In an earlier order dated July 21, 2022, the court allowed Colliton to proceed without prepaying filing fees.
Service of the lawsuit
Because Colliton was proceeding without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve DraftKings. The court instructed the Clerk of Court to complete the U.S. Marshals Service process forms, issue a summons, and provide the Marshals Service with the documents needed to serve DraftKings. The order lists DraftKings's service address as 222 Berkeley Street, Boston, Massachusetts 02116.
The court extended the service deadline to 90 days after the summons is issued because Colliton could not have served the summons and complaint before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, Colliton should request an extension of time. The court also required her to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Concern about who brought and signed the case
Although the complaint appears to be signed by Colliton, the court noted that it appeared to have been drafted by her husband, identified as acting “as next friend,” and that the two signatures looked sufficiently similar that they might have been written by the same person. The court stated that, unless Mr. Colliton is admitted to practice law in that court, he cannot bring claims on another person's behalf. The court ordered Claudia Colliton to confirm in her own writing by August 11, 2022, that she is personally bringing the lawsuit. It also required her to show cause, meaning explain why, she should not be required to sign up for electronic court notifications.
Disposition
The court ordered the Clerk to issue the summons for DraftKings, complete the service forms, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Colliton an information package. This order addressed service and filing requirements; it did not decide the merits of Colliton's claims. Judge Cathy Seibel entered the order on July 28, 2022.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.