Colliton v. Caesars Sportsbook

Background

James Colliton, who is representing himself, sued Caesars Sportsbook and alleged disability discrimination. The court had previously granted Colliton permission to proceed without prepaying court fees.

Service of the Lawsuit

The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete the U.S. Marshals Service Process Receipt and Return forms, issue a summons for Caesars Sportsbook, and provide the Marshals Service with the documents needed to serve the defendant.

The court extended the service period to 90 days after the summons is issued because Colliton could not have served the summons and complaint before the court reviewed the complaint and ordered the summons issued. The court stated that Colliton should request an extension if service is not completed within that period. It also required him to notify the court in writing of any address change and warned that the action could be dismissed if he fails to do so.

Ruling

Judge Kenneth M. Karas ordered the Clerk to issue the summons, complete the service forms with Caesars Sportsbook's address, and deliver the required documents to the U.S. Marshals Service. The Clerk was also instructed to send Colliton an information package. The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide whether Colliton's disability-discrimination allegation has merit.