Xochipa v. IHR1 Construction Inc.
- Analisa Torres
- 1:22-cv-07332
- U.S. District Court · Southern District of New York
- 1
In Xochipa v. IHR1 Construction, Judge Torres granted more time for service but denied, without prejudice, service by iMessage and WhatsApp.
Ignacio Xochipa received more time to serve IHR1 Construction Inc., Israel Antonio Gomez Hernandez, and Mirian Miranda, but could not use iMessage or WhatsApp under this order unless he renewed that request.
What happened
In Xochipa v. IHR1 Construction Inc., Ignacio Xochipa asked the court for more time to serve the defendants and for permission to serve them through iMessage and WhatsApp.
The court reviewed Xochipa’s May 10, 2023 letter and addressed both requests. The order does not explain why he sought additional time or why he proposed those electronic methods.
Judge Analisa Torres granted the extension request and denied, without prejudice to renewal, the request to serve the defendants by iMessage and WhatsApp. The court ordered Xochipa to serve the defendants by June 13, 2023, and directed the clerk to terminate the motion.
The detailed version
- Xochipa v. IHR1 Construction Inc. · No. 1:22-cv-07332
- Analisa Torres
- May 19, 2023
Background Ignacio Xochipa brought the action on behalf of himself and others similarly situated in a proposed collective action under the Fair Labor Standards Act. The defendants are IHR1 Construction Inc., Israel Antonio Gomez Hernandez (also known as Israel Hernandez), and Mirian Miranda. The opinion addresses Plaintiff’s letter dated May 10, 2023, filed as ECF No. 26.
Requests Xochipa requested an extension of time to complete service of process, meaning formal delivery of the lawsuit papers to the defendants. He also requested permission to serve the defendants through iMessage and WhatsApp.
Ruling The court granted Plaintiff’s request for an extension of time to complete service. It denied, without prejudice to renewal, Plaintiff’s request to serve the defendants through iMessage and WhatsApp. The court ordered Plaintiff to serve the defendants by June 13, 2023. It also directed the clerk to terminate the motion at ECF No. 26. Judge Analisa Torres entered the order on May 19, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.