Reed v. Pfizer, Inc.
- Vernon Broderick
- 1:22-cv-08578
- U.S. District Court · Southern District of New York
- 2
In Reed v. Pfizer, Inc., Judge Broderick ordered the Clerk and U.S. Marshals Service to serve Pfizer with the lawsuit papers.
Louis Reed, Jr., Pfizer, Inc., the Clerk of Court, and the U.S. Marshals Service.
What happened
In Reed v. Pfizer, Inc., Louis Reed, Jr., who is representing himself, sued Pfizer over alleged harm from using Lipitor, also called Atorvastatin Calcium. He brought the case under the court’s jurisdiction over disputes involving citizens of different states and sought damages.
Reed had permission to proceed without paying court fees in advance. Because of that permission, the court was responsible for arranging service of the summons and amended complaint through the U.S. Marshals Service. Reed provided another address after an earlier service attempt and requested an updated summons.
Judge Vernon S. Broderick ordered the Clerk of Court to issue a summons, complete the required service forms, and give the necessary papers to the U.S. Marshals Service. The papers were to be served on Pfizer through C.T. Corporation at the address listed in the order. The order did not decide whether Pfizer was liable or whether Reed’s claims had merit.
The detailed version
- Reed v. Pfizer, Inc. · No. 1:22-cv-08578
- Vernon Broderick
- Apr. 25, 2023
Background
Louis Reed, Jr., appeared without a lawyer and brought this action under the court’s diversity-of-citizenship jurisdiction. He alleged that he suffered damages from using Lipitor, also known as Atorvastatin Calcium, which the opinion says Pfizer developed, manufactured, marketed, and sold.
An earlier order granted Reed permission to proceed without paying court fees in advance. In cases proceeding under that permission, the court and the U.S. Marshals Service can arrange service of the summons and other case papers.
Service history
The court explained that the usual deadline for serving a summons is 90 days after the complaint is filed. Because Reed was proceeding without paying fees in advance, he could not serve the summons and amended complaint until the court reviewed the amended complaint and ordered the summons issued. The court therefore extended the service deadline to 90 days after the summons was issued, which the opinion identifies as October 17, 2022.
Before that deadline, Reed filed a January 3, 2023 letter providing an alternate service address based on information received after the first service attempt and requesting an updated summons.
Court’s order
The court ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Pfizer. It also ordered the Clerk to issue a summons and deliver all necessary paperwork to the U.S. Marshals Service so that service could be attempted on Pfizer through C.T. Corporation, on behalf of Pfizer, at 28 Liberty Street, New York, New York 10007. The Clerk was also directed to mail Reed an information package.
This order addressed how the lawsuit papers would be served. It did not decide the merits of Reed’s allegations, Pfizer’s liability, or any damages.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.