Leib-Podry v. Tobias

Background

Philip Leib-Podry, proceeding without a lawyer, brought claims against Geoffrey Tobias, Princeton Insurance Company, MedPro Group, and Berkshire Hathaway. The opinion says he alleged that the defendants violated his rights. The court construed the complaint as invoking diversity-of-citizenship jurisdiction and asserting state-law claims. The opinion does not decide whether those claims have merit.

The court had previously granted Leib-Podry permission to proceed without paying filing fees upfront. In such a case, the court and the U.S. Marshals Service handle service of process—the formal delivery of the summons and complaint to the defendants.

Order

The court instructed the Clerk of Court to issue summonses, complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ addresses, and give the Marshals Service all documents needed to serve Geoffrey Tobias, Princeton Insurance Company, MedPro Group, and Berkshire Hathaway.

The court explained that the usual 90-day service period could not begin before the court reviewed the complaint and ordered the summonses issued. It therefore extended the service period until 90 days after the summonses are issued. If service is not completed within that period, Leib-Podry should request an extension of time.

Additional Requirements and Disposition

The court directed the Clerk to mail Leib-Podry an information package. It also required him to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Judge Valerie Caproni entered an order directing issuance of summonses and service through the U.S. Marshals Service. The order was procedural and did not resolve the underlying claims.