Tunne v. Discover Financial Services, Inc.

Background

Mark Tunne is proceeding without a lawyer. He brought claims, among others, under the Equal Credit Opportunity Act and the Fair Credit Reporting Act against Discover Financial Services, Inc., doing business as Discover Card, Inc.; two unnamed Discover employees; TransUnion, Inc.; Equifax, Inc.; and Experian, Inc. The court had previously allowed Tunne to proceed without prepaying filing fees.

Service of the Complaint

Because Tunne was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to issue summonses, complete the required U.S. Marshals Service forms with the service addresses, and provide the Marshals Service with the documents needed to serve Discover, TransUnion, Equifax, and Experian.

The court explained that the usual 90-day service period runs from the date the complaint is filed, but a plaintiff proceeding without prepaying fees cannot serve the complaint until the court reviews it and orders the summons issued. The court therefore stated that Tunne’s service period would be 90 days after the summonses were issued. If service is not completed within that period, Tunne should request an extension. The court also required Tunne to notify it in writing of any address change and warned that the action could be dismissed if he failed to do so.

Unnamed Defendants

The court stated that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that Tunne had provided enough information for Discover to identify Jane Doe “Janelle” and Jane Doe “Evy M.” Discover was ordered to try to determine each employee’s identity and service address and provide that information to Tunne and the court within 60 days after receiving the order.

Tunne must file an amended complaint naming the two employees within 30 days after receiving the information. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if needed, direct the Clerk to prepare service materials for the newly named defendants.

Disposition and Scope

The court instructed the Clerk to issue summonses and arrange for service of the complaint on Discover, TransUnion, Equifax, and Experian, and directed Discover to help identify the two unnamed employees. The order did not decide the merits of Tunne’s claims or impose liability on any defendant.