McFadden v. City of New York
- Vernon Broderick
- 1:19-cv-05508
- U.S. District Court · Southern District of New York
- 2
In McFadden v. City of New York, Judge Broderick denied a stay and arranged Marshals service for two defendants while suspending deadlines.
Denver McFadden and the defendants whose service remained pending, particularly Erick Eiting and Peter Lumia; the order also addressed the lack of additional service information for Alcantra Odaliza.
What happened
In McFadden v. City of New York, Denver McFadden provided an updated address for Erick Eiting, corrected Peter Lumia’s name, clarified Austin Morange’s retirement status, and asked the court to pause the case. He did not provide additional information for Alcantra Odaliza.
The court denied the request to pause the case. It set no further deadlines until the defendants are served or the court issues another order. The Clerk was instructed to prepare service paperwork and summonses for Erick Eiting and Peter Lumia so the U.S. Marshals Service could attempt service.
Judge Vernon S. Broderick also told McFadden, who was representing himself, to check with the Marshals Service about service and request more time if needed. The court warned that it may dismiss the action for failure to prosecute if service is not completed or an extension is not requested within 90 days after the summonses are issued.
The detailed version
- McFadden v. City of New York · No. 1:19-cv-05508
- Vernon Broderick
- Oct. 18, 2022
Background
On September 26, 2022, the court ordered Denver McFadden to provide updated addresses for defendants Erick Eiting and Alcantra Odaliza so the U.S. Marshals Service could serve them. On October 11, 2022, McFadden provided an updated address for Eiting, corrected Peter Lumia’s name from “Peter Lumina,” and clarified Austin Morange’s retirement status. He did not provide additional information for Odaliza. McFadden also asked the court to stay, or pause, the action.
Rulings and Service Instructions
The court denied McFadden’s request for a stay. It ordered that no further deadlines would apply until the defendants were served or the court entered another order setting deadlines.
The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms for Eiting and Lumia using the addresses listed in the order. The Clerk was also instructed to issue summonses and provide the Marshals Service with the paperwork needed to serve those defendants.
Warning About Service
The court stated that McFadden was responsible for asking the Marshals Service whether service had been completed and, if necessary, requesting an extension of time. The court warned that, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, it may dismiss the action for failure to prosecute if service is not completed or an extension is not requested within 90 days after the summonses are issued. The Clerk was directed to mail the order to McFadden, whom the order identifies as proceeding without a lawyer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.