Iosilevich v. Walmart Inc.
- Vincent Briccetti
- 7:22-cv-04757
- U.S. District Court · Southern District of New York
- 3
In Iosilevich v. Walmart, Judge Briccetti ordered the Marshals to serve John T. Reicherter and denied fee-free status for any appeal.
The order primarily affects Ilya Feliksovich Iosilevich, John T. Reicherter, the Clerk, and the U.S. Marshals Service. It directs further service on Reicherter and denies Iosilevich fee-free status for an appeal.
What happened
In Iosilevich v. Walmart, Ilya Feliksovich Iosilevich, representing himself and without paying filing fees, brought federal and state claims against Walmart, Inc., Joseph Negron, Kevin P. Bruen, John T. Reicherter, and Westchester County.
The Marshals previously could not serve Reicherter because he no longer worked at the listed location. The New York Attorney General’s Office provided a new address but said it would not accept service for Reicherter at that time.
Judge Briccetti ordered the Clerk to prepare the paperwork and directed the Marshals to serve Reicherter at the new address. The court also denied fee-free status for an appeal and warned Iosilevich that the case could be dismissed if he did not report an address change.
The detailed version
- Iosilevich v. Walmart Inc. · No. 7:22-cv-04757
- Vincent Briccetti
- Apr. 11, 2023
Background
Ilya Feliksovich Iosilevich, proceeding without a lawyer and without paying filing fees, brought claims under 42 U.S.C. § 1983 and state law against Walmart, Inc., Joseph Negron, Kevin P. Bruen, John T. Reicherter, and Westchester County.
The court had previously directed the U.S. Marshals Service to serve Reicherter at the Cortlandt Station location for the New York State Troopers. The Marshals filed a return stating that service was unsuccessful because Reicherter no longer worked there.
The court then ordered the New York Attorney General’s Office to provide an updated address for Reicherter and state whether it would accept service on his behalf. The office provided a new address four days after the court-ordered deadline and stated that it would not accept service for Reicherter at that time.
Ruling
The court ordered the Clerk to complete a U.S. Marshals Service process form, issue a summons naming Reicherter, and deliver the necessary paperwork to the Marshals Service. The service address was included in the order’s appendix: New York State Troopers, Troop L Station, 101 Merrick Avenue, East Meadow, New York 11554.
The court certified that any appeal from the order would not be taken in good faith and denied Iosilevich fee-free status for purposes of an appeal. It also directed Iosilevich to notify the court in writing of any address change and stated that the action could be dismissed if he failed to do so. The order addressed service and appeal-related filing status; it did not decide the merits of the claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.