Robinson v. Guzman
- Lewis Liman
- 1:23-cv-00385
- U.S. District Court · Southern District of New York
- 4
In Robinson v. Victory Mitsubishi, Judge Liman ordered federal marshals to serve the pro se plaintiff’s defendants.
Henry L. Robinson, the three named defendants, the Clerk of Court, and the U.S. Marshals Service. The order required the court to arrange service of the amended complaint and required Robinson to notify the court of any address change.
What happened
Henry L. Robinson filed Henry L. Robinson v. Victory Mitsubishi, Flagship Credit Acceptance, and Crescent Bank & Trust, alleging federal claims related to his vehicle purchase. He was proceeding without a lawyer and had permission to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue summonses, complete service forms, and send the necessary documents to the U.S. Marshals Service. The amended complaint must be served within 90 days after the summonses are issued; Robinson may request more time if service is not completed.
The court did not decide whether Robinson’s claims were valid. Judge Liman ordered the Clerk to arrange service and mail Robinson an information package, and required Robinson to notify the court in writing of any address change.
The detailed version
- Robinson v. Guzman · No. 1:23-cv-00385
- Lewis Liman
- Apr. 11, 2023
Background
Henry L. Robinson filed an amended complaint against Victory Mitsubishi, Flagship Credit Acceptance, and Crescent Bank & Trust. He alleged claims under the Truth in Lending Act, the Fair Debt Collection Practices Act, and other federal statutes arising from his purchase of a vehicle at Victory Mitsubishi. Robinson was appearing without a lawyer. The court had already granted him permission to proceed without paying filing fees in advance.
Service of Process
Because Robinson 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 with the summonses and amended complaint. The court therefore directed the Clerk of Court to prepare a U.S. Marshals Service process receipt and return form for each defendant, issue the summonses, and deliver the required documents to the Marshals Service.
The court explained that the amended complaint must be served within 90 days after the summonses are issued. If service is not completed within that period, Robinson should request an extension of time. The court also required Robinson to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so.
Disposition
Judge Lewis J. Liman ordered the Clerk of Court to issue summonses for Victory Mitsubishi, Flagship Credit Acceptance, and Crescent Bank & Trust, complete the service forms with the defendants’ addresses, and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Robinson an information package. This order addressed service of process and did not decide the merits of Robinson’s federal claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.