Hilton v. TD Bank

Background

Robert Hilton, of Arverne, New York, brought this action without a lawyer. He invoked federal-question jurisdiction and sought damages from TD Bank; Allied Universal, which the opinion also calls “AU”; three people identified as “Duncan,” “Lucas,” and “Scott”; and a person identified as “Steve.” The court understood the amended complaint to assert claims under the Family and Medical Leave Act of 1993 and state law. The court had previously granted Hilton permission to proceed without prepaying filing fees.

Service on TD Bank and Allied Universal

Because Hilton was proceeding without prepaying fees, the court directed the clerk to issue summonses for TD Bank and Allied Universal, complete the required U.S. Marshals Service forms, and give the Marshals Service the documents needed to serve the amended complaint. The court also directed the clerk to mail TD Bank and Allied Universal copies of the order and amended complaint at the service addresses listed in the order.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Hilton should ask for more time. Hilton must also notify the court in writing if his address changes; the court warned that failing to do so could result in dismissal of the action.

Identifying the Unnamed Defendants

The court said Hilton provided enough information for TD Bank and Allied Universal to identify “Duncan,” “Lucas,” “Scott,” and “Steve” and provide their service addresses. The allegations described “Duncan” and “Scott” as Allied Universal supervisors assigned to 501 Seventh Avenue, New York, New York; “Lucas” as a person in charge of “Allied Operations” assigned to that address; and “Steve” as a TD Bank manager assigned to 1470 Second Avenue, New York, New York.

The court ordered counsel for TD Bank and Allied Universal to determine these four individuals’ full identities and service addresses and provide that information to Hilton and the court within 60 days. Hilton must then file a second amended complaint naming the identified defendants and giving their service addresses within 30 days after receiving the information. That complaint will replace, rather than add to, the earlier complaints. The court stated that it would screen the second amended complaint and, if necessary, issue another service order.

Request for Volunteer Counsel

Hilton asked the court to request volunteer legal counsel. The court explained that it considers factors including the apparent strength of the claims, efforts to find a lawyer, and the person’s ability to investigate and present the case without a lawyer. Because the case was too early for the court to assess the merits, Judge John P. Cronan denied the application for volunteer counsel without prejudice to Hilton filing another application later.

Disposition

The court directed service of the amended complaint on TD Bank and Allied Universal, ordered their counsel to provide identifying and service information for the four unnamed defendants, and denied Hilton’s application for the court to request volunteer counsel without prejudice. The opinion did not decide whether Hilton’s underlying claims were legally valid.