Otrompke v. The First Department Committee on Character and Fitness

Background

John J. Otrompke, representing himself, objected to Magistrate Judge Cott’s July 12 ruling on Otrompke’s request to recover costs he incurred serving the defendants. The objection also asked the court to waive a transcript fee and extend the time for Otrompke to provide citations to the hearing transcript.

Otrompke’s Arguments

Otrompke argued that Federal Rule of Civil Procedure 4(d) does not require a defendant to expressly refuse to waive service before service costs may be recovered. He contended that the relevant question is whether a defendant failed, without good cause, to sign and return a requested waiver. He also argued that he gave the defendants 60 days to waive service, submitted receipts for his expenses, and substantially complied with the service-waiver requirements. He requested recovery of $48.08.

Otrompke further argued that his motion for reconsideration was late under Southern District of New York Local Rule 6.3 because he did not know about the 14-day deadline. He cited the rule allowing a court to extend a deadline for good cause or excusable neglect. He said he had less than $400 and no current journalism assignments or receivables, and therefore asked the court to waive the transcript costs and give him more time to cite the transcript.

What the Court Did

The excerpt does not resolve Otrompke’s objection, decide whether the defendants owe service costs, or rule on the transcript requests. Judge Lorna G. Schofield ordered the defendants to file a response of no more than three pages by August 4, 2023.