Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Apr. 28, 2023

Lewis v. Chrysler

Judge
Philip Halpern
Docket
7:23-cv-02631
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Lewis v. Chrysler, Judge Halpern ordered the Marshals Service to serve two defendants and withheld service on Dongfeng pending possible amendment.

Who this affects

Regina Lewis, Chrysler, Fiat Chrysler Automobiles, Dongfeng Motor Group, the Clerk of Court, and the U.S. Marshals Service. The order directs service on Chrysler and Fiat Chrysler Automobiles, but not on Dongfeng.

What happened

In Lewis v. Chrysler, Regina Lewis brought a case without a lawyer and was allowed to proceed without paying filing fees in advance. She seeks $1,500,000 from Chrysler, Fiat Chrysler Automobiles, and Dongfeng Motor Group, invoking diversity jurisdiction.

The court ordered the Clerk to issue summonses and prepare service forms for Chrysler and Fiat Chrysler Automobiles. The U.S. Marshals Service must deliver the complaint and affidavit to those defendants at the addresses listed in Auburn Hills, Michigan. The court did not order service on Dongfeng because Lewis alleged no facts about that defendant.

The court left open the possibility that Lewis could amend her complaint to state a claim against Dongfeng. Judge Halpern also directed the Clerk to send Lewis an information package and told her to notify the court if her address changes.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Lewis v. Chrysler · No. 7:23-cv-02631
Judge
Philip Halpern
Date
Apr. 28, 2023

Background

Regina Lewis, proceeding without a lawyer, brought this action under the court’s diversity jurisdiction. She named “Chrysler,” Fiat Chrysler Automobiles (FCA), and “Dongfeng Motor Group” as defendants and seeks $1,500,000 in damages. The opinion states that Chrysler appears to be a subdivision of FCA and that Dongfeng Motor Group appears to be Dongfeng Motor Corporation.

In an order dated April 28, 2023, the court allowed Lewis to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis, meaning that the plaintiff may rely on the court and the U.S. Marshals Service to carry out service of process.

Service Order

The court directed the Clerk of Court to issue summonses for Chrysler and FCA, complete U.S. Marshals Service Process Receipt and Return forms, and deliver the necessary documents to the Marshals Service. The Marshals Service is to serve Lewis’s complaint and affidavit on those two defendants at their American headquarters in Auburn Hills, Michigan.

The court did not direct service on Dongfeng because Lewis alleged no facts about that defendant. The court stated that service on Chrysler and FCA was ordered without prejudice to Lewis’s amending her complaint to state a claim against Dongfeng. If service on Chrysler and FCA is not completed within 90 days after the summonses are issued, Lewis should request an extension of time. She must also notify the court in writing if her address changes; the court stated that failure to do so may result in dismissal of the action.

Disposition and Effect

This is an order concerning service of process and case administration. It does not decide whether Lewis’s claims are legally or factually valid. The court directed service on Chrysler and FCA, did not direct service on Dongfeng, and directed the Clerk to mail Lewis an information package. Judge Halpern signed the order on April 28, 2023.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.