Davis v. Sedgwick Claims Management Services
- Paul Gardephe
- 1:21-cv-07090
- U.S. District Court · Southern District of New York
- 2
In Davis v. Sedgwick Claim Management Services, Judge Moses ordered Sedgwick’s lawyer to accept service or provide a service address.
Laura Davis, Sedgwick Claim Management Services, Inc., its attorney Peter T. Shapiro, the Clerk of Court, and the United States Marshals Service.
What happened
In Davis v. Sedgwick Claim Management Services, Laura Davis was proceeding without a lawyer and was entitled to have the U.S. Marshals Service serve the defendant because she could not afford the filing costs.
Sedgwick’s attorney had filed a notice of appearance before a summons was issued. The Marshals Service told the court that the previously provided address for Sedgwick was not the proper service address and identified an address in Nashville, Tennessee.
Judge Barbara C. Moses ordered Sedgwick’s attorney to accept service for Sedgwick or provide the court with an address where Sedgwick could be served within 30 days. The order did not decide the underlying claims.
The detailed version
- Davis v. Sedgwick Claims Management Services · No. 1:21-cv-07090
- Paul Gardephe
- Sept. 21, 2022
Background
Laura Davis was proceeding without a lawyer and without paying filing costs. The opinion states that she was entitled to service of process by the United States Marshals Service under the federal statute governing proceedings without filing fees and Federal Rule of Civil Procedure 4(c)(3).
On January 18, 2022, Peter T. Shapiro filed a notice of appearance for Sedgwick Claim Management Services, Inc., before a summons had been issued. Davis then filed a second amended complaint on January 25, 2022. On February 10, 2022, Judge Paul G. Gardephe directed the Marshals Service to serve Sedgwick at an address in Memphis, Tennessee. On August 1, 2022, Judge Gardephe referred the matter to Judge Barbara C. Moses for general pretrial management.
The Marshals Service informed the court that Sedgwick’s proper service address was 2908 Poston Avenue, Nashville, Tennessee 37203. The opinion cites precedent stating that a person proceeding without a lawyer is entitled to the district court’s help in identifying an address where a defendant can be served.
Order
Judge Moses ordered Mr. Shapiro either to accept service on Sedgwick’s behalf or to provide the court with an address where Sedgwick could be served. He was required to provide that information within 30 days of the order.
After receiving the information, the court stated that it would, if necessary, direct the Clerk of Court to complete the required service form and provide the necessary documents to the Marshals Service. The Clerk was also directed to mail a copy of the order to Mr. Shapiro at his listed law-firm address.
The order concerns service of process only. It does not decide the merits of Davis’s claims or impose a final disposition on the case. The opinion also notes that, under federal and New York rules, the court may order Sedgwick to pay reasonable service expenses if personal service by the Marshals Service becomes necessary.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.