Stephen v. Hall
- Figueredo
- 1:19-cv-02225-JPO-VF
- U.S. District Court · Southern District of New York
- 2
In Stephen v. Hall, Judge Figueredo ordered another effort to find service addresses for two defendants and terminated two motions.
Daryl Stephen, Terry Hall, David Jakab, David Jakab Bail Bonds LLC, and counsel for that business were affected. The order addressed efforts to serve Hall and Jakab and terminated two docketed motions.
What happened
In Stephen v. Hall, Daryl Stephen was trying to serve defendants Terry Hall and David Jakab. The court had previously directed counsel for David Jakab Bail Bonds LLC to find addresses where Hall and Jakab could be served, but mail sent to one business address was returned as undeliverable.
Because Stephen was representing himself and could not afford the filing fee, the court authorized one final attempt to identify the defendants’ service addresses. It directed the Clerk of Court to mail the order and Stephen’s Third Amended Complaint to an alternative address for David Jakab Bail Bonds LLC.
Judge Valerie Figueredo directed counsel for the business, if able, to provide service addresses for Hall and Jakab to Stephen and the court within 60 days. The court also directed the Clerk to terminate the motions listed at ECF Nos. 47 and 49; the opinion does not state what those motions concerned.
The detailed version
- Stephen v. Hall · No. 1:19-cv-02225-JPO-VF
- Figueredo
- Nov. 3, 2022
Background
Daryl Stephen, who was proceeding without a lawyer and without paying the filing fee, had been attempting to serve Terry Hall and David Jakab. Under guidance from the U.S. Court of Appeals for the Second Circuit concerning unidentified or difficult-to-locate defendants, the court had issued an October 11, 2022 order directing counsel for David Jakab Bail Bonds LLC to determine and provide addresses where Hall and Jakab could be served.
The court mailed that order and Stephen’s Third Amended Complaint to 5 Centre Street, Hempstead, New York, on October 12, 2022. The mailing was returned on October 31, 2022, marked “unable to [be] forward[ed].”
Order
The court ordered one final attempt to identify service addresses. It directed the Clerk of Court to mail the order and the Third Amended Complaint to David Jakab Bail Bonds LLC at 6277 Carolina Commons Drive, Indian Land, South Carolina 29707, Suite 600, #326.
Counsel for David Jakab Bail Bonds LLC was directed, to the extent counsel was able, to find the addresses where Hall and Jakab could be served and provide that information to Stephen and the court within 60 days of the order. If addresses were provided, the court stated that it would direct the Clerk to prepare U.S. Marshals Service process forms and deliver the necessary documents to the Marshals Service for service.
The court also directed the Clerk to terminate the motions at ECF Nos. 47 and 49. The opinion does not identify those motions or explain their substance. Judge Valerie Figueredo signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.